RALPH S. CUSHNIE and TAMARA MCKAY, Petitioners, vs. SCOTT T. NAGO, in his official capacity as Chief Election Officer, State of Hawai‘i, OFFICE OF ELECTIONS, State of Hawai‘i, and ELECTIONS COMMISSION, State of Hawai‘i, Respondents.

Supreme Court Courtroom
Ali‘iōlani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813

The oral argument will also be livestreamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts and ‘Ōlelo at olelo.org/tv-schedule/, subject to ‘Ōlelo’s programming availability.

Self-Represented Petitioners, RALPH S. CUSHNIE and TAMARA MCKAY

Attorneys for Respondents SCOT T. NAGO, in his official capacity as Chief Election Officer, State of Hawai‘i, and OFFICE OF ELECTIONS, State of Hawai‘i :

     Randall S. Nishiyama and Nietzsche L. Tolan, Deputy Attorneys General, and Aaron Schulaner, General Counsel

NOTE:     Certificate of Recusal by Chief Justice Vladimir P. Devens, filed 07/14/26.

NOTE:     Order assigning Circuit Judge Peter T. Cahill, in place of Devens, C.J., recused, and Circuit Judge Dyan M. Medeiros, due to a vacancy, filed 07/15/26.

NOTE:     Order setting Oral Argument for Friday, 10/16/26 at 10:00 AM, filed 10/05/26.

COURT:    McKenna, Acting C.J., Eddins, and Ginoza, JJ., and Circuit Judge Cahill, in place of Devens, C.J., recused, and Circuit Judge Medeiros, assigned by reason of vacancy.

Brief Description:

This petition for a writ of mandamus requests that the court compel the Office of Elections to provide staff support to the Hawai‘i Elections Commission.

On June 30, 2026, Elections Commission Chair Michael Curtis’ term as chairperson expired.  The Commission was left without a Chair.

On July 1, 2026, the Elections Commission prepared a notice for a meeting to be held on July 8, 2026, to address the chairperson vacancy.  The Commission requested staff support from the Office of Elections, as set out in Hawai‘i Revised Statute (HRS) § 11-1.5(b).  The support from the Office of Elections helps to fulfill statutory notice requirements.  The Office of Elections declined to provide staff support for the meeting, and the meeting did not occur. 

Election Commissioners Ralph Cushnie and Tamara McKay bring this writ of mandamus to compel the Office of Elections to provide support for the Elections Commission meeting.  They argue the Office of Elections is required to provide staff support to the Commission under HRS § 11-1.5(b), and the Office violates the law by refusing to do so.  This refusal has prevented the Commission from holding a meeting in compliance with HRS chapter 92, part I, commonly referred to as the Sunshine Law.

This court ordered the Office of Elections to respond and answer (1) whether the Office failed or refused to provide staff support to the Elections Commission and (2) whether that failure or refusal prevented the Elections Commission from meeting to elect a chairperson.

The Office of Elections answers that it provides staff support in response to actions passed by a majority of the Elections Commission or at the request of the Commission Chair, neither of which is present here.