Maui County files for dismissal of election suit

COURTESY PHOTOS Tom Cook, left, Kelly King.

COURTESY PHOTOS Tom Cook, left, Kelly King.

Stay updated on Hawaii and national elections coverage A motion filed by the Maui County Clerk seeks to dismiss a lawsuit challenging the results of the Nov. 5 general election, arguing that former Maui County Council member Kelly King, who lost to incumbent Tom Cook, failed to provide evidence of any errors or wrongdoing.

The Clerk’s Office asserts that the signature verification process followed Hawaii’s established legal and procedural standards and that the plaintiffs’ claims of discrepancies in signature verification rates across counties lack proof of any impact on the election outcome.

“The plaintiffs have no evidence of any error, and even if they did, the alleged error could not have changed the outcome of the election or rendered it unascertainable, ” the County Clerk stated in the court filing. “The Complaint must be dismissed.”

For the second consecutive general election in Hawaii, a candidate has filed a lawsuit claiming Maui County’s election officials improperly rejected valid votes.

King, who served on the Maui County Council from 2017 to 2023, filed a complaint with the Hawaii Supreme Court in late November, seeking to overturn the election results and hold a new vote for the South Maui seat.

Cook won by 97 votes.

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King contends that a higher-than-usual percentage of sealed mail-in ballots were rejected by County Clerk Moana Lutey due to voter signature issues on the ballot envelopes. Specifically, she argues that Maui County’s rejection rate was 1.9 %, nearly double the 1 % national average in 2022 and higher than Hawaii’s statewide average of 0.8 % to 1.2 % in recent years.

The court filing notes that Hawaii has relied on mail-in voting since 2020. For the 2024 election the County Clerk’s Office was responsible for voter registration, ballot distribution and return envelope validation, while the state Office of Elections managed ballot counting and result certification.

Voters’ return envelopes undergo a detailed verification process that combines advanced technology with manual review by trained staff. If discrepancies are found, voters are notified and given an opportunity to correct or “cure ” their ballots, ensuring every valid vote is counted.

As of the end of the cure period on Nov. 13, Cook received 26, 423 votes while King garnered 26, 326 votes. In addition, 10, 750 ballots were left blank for the South Maui race.

By the end of the cure period, about one-third of the 1, 556 deficient ballots had been successfully cured, leaving 939 ballots unverifiable, accounting for 1.62 % of the mail-in ballots.

The plaintiffs’ complaint claims that errors in the signature verification process violated due process and equal protection rights.

However, the Clerk’s Office contends that no evidence has been presented showing how these alleged errors would have affected the election result, and that all procedures for reviewing return envelopes were applied uniformly, with staff unable to view the contents of the ballots.

According to Lutey, the county team has logged over 100 staff hours during the process, and at least $600, 000 would be required to conduct a special election within 120 days of the court’s final order.

The plaintiffs have not demonstrated any bias, and their claims of irregularities are speculative.

The Clerk’s Office also notes that the plaintiffs’ equal protection and due process claims lack support. They failed to show any procedural inconsistencies or widespread irregularities, and their claims regarding signature verification are consistent with established legal standards.

Furthermore, the plaintiffs were aware of the signature verification process during the primary election but took no action at that time.

Attempts to use Uniform Information Practices Act requests to challenge the election are deemed irrelevant, as most requests do not relate to signature verification.

The Clerk’s Office uses a scanning system called Agilis to compare voter signatures on return envelopes with reference signatures on file. If Agilis flags a discrepancy, the signature is manually reviewed by trained staff and supervisors. Verified envelopes are securely stored and forwarded for counting, while unverified envelopes are kept for potential cures.

The process includes outreach to voters with flagged signatures through mail, email and phone, ensuring accuracy and compliance with election laws. The Clerk’s Office maintains that these procedures provide no basis for the plaintiffs’ claims of impropriety.

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