State defendants ask for dismissal of lawsuit over primary election

The Deputy Attorney General submitted a motion Monday in State Supreme Court requesting that a lawsuit be dismissed that would allow people who weren’t able to vote due to Tropical Storm Iselle to do so in a special election before Sept. 20.

The lawsuit was filed on Aug. 21 by the American Civil Liberties Union of Hawaii Foundation on the behalf of six plaintiffs who are registered Hawaii Island voters, all claiming that they were physically unable to vote in their precincts due to extensive storm damage.

In the motion written by Deirdre Marie-Iha, the state asks for the dismissal “so as not to delay the critical actions necessary to prepare the (state) for the Nov. 4, 2014 general election.” She further argues that this court, in particular, does not have jurisdiction over the case and is “premised on unproven, contested questions of fact that would require trial court litigation to resolve.

“It has an insufficient number of plaintiffs, and fails to state the fundamental allegations that form the underlying premise of each and every election challenge: that the result of the election might be different.”

Those specifically named in the suit are Gov. Neil Abercrombie, Attorney General David Louie, State Chief Election Officer Scott Nago, and the Hawaii County Elections Clerk.

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