The deadline for Hawaiʻi residents to vote in the primary election is Saturday at 7 p.m., and questions still linger over who’s eligible in the race to represent East Oʻahu on the Honolulu City Council.
In late July, a First Circuit Court judge ruled Council Chair Tommy Waters ineligible to run for his third consecutive council term this year. Honolulu law doesn’t allow council members to serve more than two consecutive terms, and Waters unsuccessfully argued that his first term was shortened by a few months in 2018 because of a special election for his seat.
The Honolulu Elections Division has advised the public that votes for Waters would not be counted.
However, Waters is appealing that ruling, leaving voters and candidates wondering if he could still become eligible.
Waters said he’s trying to get a quick court decision.
“To every voter seeking clarity: I hear you and understand your concerns. You deserve clear answers. That's why I promptly appealed the court ruling and I'm asking the Hawaiʻi Supreme Court to review the case as quickly as possible,” Waters said Wednesday in a voice memo sent to Hawaiʻi Public Radio. “My hope is to provide a clear and final interpretation for this election and for future elections involving partial terms.”
Trevor Ozawa, who has been Waters’ political opponent for years, is one of three eligible candidates remaining in this year's race for the council’s District 4, which covers Waikīkī to Hawaiʻi Kai. Ozawa also filed the lawsuit that led to Waters’ disqualification.
He said it’s unclear when a decision on the appeal could come, but added that there’s no confusion about the current state of the race.
“The appeals process is a very formal process,” Ozawa said Wednesday. “But what I can tell you today is that the judgment is in effect from the Circuit Court … As of today, Tommy is ineligible to be elected for a third term — that's what the judge ruled.”
Since Ozawa sued in mid-June, the case has dominated media coverage on the race. It’s become a source of frustration to candidates and voters.
East Oʻahu resident Roxanne Rivero said the court’s decision on Waters’ eligibility was the right one, but that it should have come earlier to prevent voter confusion.
“I feel like some of my neighbors were uninformed, and that's going to affect this election greatly,” Rivero said. “And that's not the best outcome for our City Council.”
Ozawa said that the appeal has become a “distraction” from candidates discussing issues that are important to residents.
“I think that people are not only confused about what's happening now with him appealing, but they're also ready to move on,” Ozawa said. “This isn't an election to litigate for months and months and months. This is an election about the people that want representation and want to be heard and seen.”
On Wednesday, another candidate in the council race, Tara Gregory, requested to join Waters’ appeal as an “interested party.” She argued that it has a substantial impact on her own campaign.
In March, she asked city officials to clarify Waters’ eligibility in this election, but said in her motion that she “did not receive an official determination resolving the eligibility issue.”
Ozawa tried to expedite the hearing to get an earlier decision in the case. Waters opposed, arguing he could have filed the lawsuit earlier.
Ozawa accused Waters of knowing that dragging the case out would cause voter confusion.
