ACLU Files Election Challenge on Behalf of Puna

[opihikao]

FYI: (*Snipped - More at link)

http://www.civilbeat.com/2014/08/aclu-fi...na-voters/

Big Island voters who were unable to get to the polls due to Tropical Storm Iselle may get an opportunity to cast their ballots if the American Civil Liberties Union prevails in a lawsuit filed with the Hawaii Supreme Court on Thursday.

The ACLU of Hawaii levied the complaint against the state on behalf of six Big Island voters, all of whom live in the rural, storm-ravaged Puna district and all of whom were not allowed to vote because they were trapped by fallen trees and power lines.

“This lawsuit is not about challenging the outcome of any particular election,” ACLU attorney Daniel Gluck said. “What we want to do is make sure that every individual has a full opportunity to cast her or his ballot. We think every voter is important.”

[leilanidude]

If the precinct had x number of registered voters and had y percent as the number who actually voted, how does this percentage compare to that of other precincts around the state?

With all of the advance voting opportunities that now exist, why did so many wait until the last minute, especially since the possibility of a hurricane was so widely discussed in advance? Were these people unable to make a decision before that final date of the walk-in voting?

Just some thoughts. Don't attack me.

[KeaauRich]

Traditionally voter turnout is lower even when there is normal rainfall on an election day. Is the ACLU going to sue every time voters are unable to get to the polls due to external circumstances? I get it that some folks were trapped due to the storm, but as Leilanidude says, the storm was not an overnight surprise, and voting had been underway for almost two weeks before the storm hit.

Call me cynical, but this sounds like a back-door way for the Honabusa campaign to challenge the election results without having her fingerprints on the effort.

[snorkle]

The problem isn't the fact that that some people were excluded because of the storm;

The problem is that some people were allowed another chance to vote, and some were not.

The voters of HPP and Keonepoko knew a storm was coming also, right? What's the difference access is blocked at the polling place, or the highway leading to it?

edit;
They should have either allowed the original results to stand; or held another election for everyone.

[oink]

The differences is, if my understanding is correct, their polling places were actually closed on election day. Had that not been the case, your argument would have merit.

Pua`a
S. FL
Big Islander to be.

[kalakoa]

their polling places were actually closed on election day. Had that not been the case

To claim that the polling place is "open" -- and all I need is a helicopter to get there -- is a distinction without a difference.

[missydog1]

The difference is that the Governor and office of Elections recognized the impediment to voting at the two precincts they closed and announced it within the statutory limits, whereas the other problems were not grasped fully in time to meet the deadine for action, which was Saturday Election Day.

I don't know why people don't get that laws aren't something you set aside when they don't seem fair. Unfair laws need to be addressed and changed for the future. Change to the statutes is typically spurred on by one or more people getting screwed over under the existing system. I can't see crying over this and still trying to vote in the past primary. I'd just make sure the legislators have a mandate to go over the statutes and add more provisions, and that voters push for the Elections Clerk to be more aggressive with election deferral in time of a disaster emergency -- next time.

btw, voter registration in HPP had dropped something like 22% this year, so it looks like there was a certain amount of voter apathy in play as usual in Hawaii primaries.

I respect everyone's right to vote, but we shouldn't pretend that everyone who was blocked in was upset about not voting. Some absolutely were thwarted, and that is unfortunate, but statistically speaking it was known all along that a lot of registered voters weren't going to turn out even with great weather.

And Hanabusa was not going to win the Senate with Puna's help. The storm affected area was not one where she had the numbers. I think the reason she would not challenge is the law requires she make a showing that the results would have been changed-- which she can't do, because the numbers aren't her friend.

She would never have won Puna if Iselle had not occurred -- and Greggor would have won, and Sanbuenaventura would have won, and there's no reason to think District 5 would have had other results, because the runoff pair was well in front of the rest of the field.

[PauHana]

When I was in college my room mate convinced me he could cut hair. The first try was a mess, so he tried to fix it by cutting more and it got worse. It was obvious Richie didn't know squat about cutting hair. Lesson learned.

This is the same thing, the damage is done and nothing will fix it. Letting Scott have another try will only make things worse. It is obvious Scott doesn't know squat about running an election.
Lesson learned???

[opihikao]

Update: Elections Commission Meeting Today

(*Snipped - More at link)

http://www.staradvertiser.com/news/break...=272370281


The state Office of Elections is reviewing procedures and working with vendors to ensure there is no repeat of the event on Maui in which some 800 absentee mail-in ballots were discovered days after the polls had closed.

At a meeting Friday of the state Elections Commission, Chief Elections Officer Scott Nago was questioned in detail about the discovered ballots on Maui and the larger decision to hold elections in the storm-ravaged Puna district amid a steady stream of complaints from voters in the community.

State Sen. Russell Ruderman (D, Puna) urged the commission to either allow all four precincts in the district to vote again or allow those from all precincts who still wish to vote to do so after signing an affidavit stating they were physically unable to vote because of storm-related damage.

Nago said that at every step of the way, decisions were carried out after consultations that included the governor's office, Hawaii County officials and state Civil Defense. While his office has authority to consolidate polling sites and postpone the election in the event of a natural disaster, those decisions must be made beforehand.

Once the polls open, only the governor has the power to take additional action to accommodate additional voters, he said.

Regarding the event on Maui, Nago said a vendor mistakenly left out one card when it did a second scan of all ts memory cards. The state is working with that vendor.

Commissioner Danny Young questioned Nago on steps being taken to ensure that such mistakes are not repeated. While Nago said it is his job to review procedures and hold those responsible accountable, Young urged the office to take whatever additional steps are necessary to ensure there no recurrence of the issue.

"If it was a vendor's error and you didn't control the vendor — you need to assign somebody to control your vendor," Young said. "Because ultimately it comes back on you.

"You need to control the vendor so it doesn't happen again."

Nago responded, "I understand."

[PauHana]

And who do we pass the buck to for releasing partial results before the voting is completed?