Hawaii Supreme Court: Election Law Appeal Timely Brought When Mailed

by Robert Thomas, InverseCondemnation, March 2, 2017

Here's the latest in a case we've been following (because we represent the Petitioner), an election law case about the timing of appeals in challenges to a voter's registration.

In Hyland v. Gonzales, No. SCWC-15-0000053 (Mar. 2, 2017), the unanimous court held that the appellant timely "brought" his appeal to the Hawaii County Board of Registration by mailing it within the statute's 10-day appeal window. The opinion was just issued, and we're reading it now. Here's the brief we filed in the case.

While the case involved specific statutes under the Elections Code, Hawaii appellate lawyers should pay attention to this case because it involves how time is calculated for appeals, and what is considered a "holiday" for purposes of the calculation.

We'll have more once we've digested it.

PDF: Hyland v. Gonzales, No. SCWC-15-0000053 (Haw. Mar. 2, 2017)

HTH: State Supreme Court says election board erred in not hearing challenge

Background: Hawaii Supreme Court Oral Arguments: When Is Election Law Admin Appeal "Brought?"