Thursday, March 28, 2024
Hawai'i Free Press

Current Articles | Archives

Tuesday, April 26, 2016
Hawaii Supreme Court Dismisses ‘Birther’ Challenge To Ted Cruz Eligibility
By Robert Thomas @ 3:55 AM :: 5476 Views :: Office of Elections, Republican Party

Election Law Detour: Hawaii SCT Dismisses Challenge To Ted Cruz Eligibility

by Robert Thomas, Inverse Condemnation, April 25, 2016

"Election contests" in Hawaii are pretty narrow cases, and are subject to strict rules regarding subject matter jurisdiction (the Hawaii Supreme Court has original jurisdiction), content, timing,and remedy. For more, see our earlier post "HAWSCT Confirms Election Contests Are Tough!" Thus, even when an election challenge may have merit, the road is an uphill one.

But when it makes allegations like this, there's not going to be much doubt about the outcome, is there? --

...that the Republican Party is attempting to “subvert, remove, and over[]throw the constitutional powers of the office of the [P]resident,” that Presidential candidate Ted Cruz is not qualified to run for President of the United States and, therefore, the Republican Party “is guilty of election fraud [by] knowingly entering an illegal candidate,” that the Office of Elections sponsors racism by serving “whites only,” and that Governor David Ige is “responsible for bigotry and discrimination being rampant within the [S]tate of Hawaii.”

Findings of Fact, Conclusions of Law and Judgment, Smallwood v. Hawaii, No. SCED-16-0000330 at 2 (Apr. 21, 2016).

Sure enough, the court concluded that it doesn't have jurisdiction, so even "[t]aking Smallwood's allegations as true and viewing them in the light most favorable to him, Smallwood fails to demonstrate that this court has jurisdiction over his complaint or the relief that he seeks." Id. at 3-4. Election contests are cases where someone is challenging the outcome of an election, and can show that a ruling in her favor would change the outcome. And this isn't that.

The court, however, tempered justice with mercy: "The clerk of the supreme court shall process the election contest without payment of the filing fee."

PDF: Smallwood v. State of Hawaii, No. SCEC-16-0000330 (Haw. Apr. 21, 2016)

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT