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

by Robert Thomas, Inverse Condemnation, February 15, 2017

Here's the recording of Hawaii Supreme Court oral arguments from last month in a case we first were following, and then later became involved in as counsel.

As we previewed here, the question which the court is reviewing is whether an appeal in a voter registration challenge case is timely brought when it is mailed by the appellant, or when received by the Board of Registration Appeals. Under the statute, challengers have ten days in which to "bring" an appeal, and the Intermediate Court of Appeals concluded that means to be timely brought, the appeal papers must be delivered to the Board within that time, not merely deposited in the mail.

If election or administrative law, or the timing of bringing appeals is your thing, you might want to listen along. 

AUDIO LINK: Hawaii Supreme Court Oral Arguments, Hyland v. Gonzales, No.SCWC 15-53 (Jan. 19, 2017)

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