Courts will likely be called on to resolve disputes over the November general election, retired Hawaiʻi Chief Justice Mark Recktenwald told lawmakers on Monday while adding the judicial system is fair and impartial and will do everything in its power to get things right.
These issues will be relevant for Hawaiʻi even if they occur in other states, he said at an informational briefing of the state Senate Judiciary Committee.
“If the end result is that people here conclude, ‘Hey, this process is not worthy of my trust, I'm not gonna vote,’ or somehow feel threatened about voting, or if the results of the election are not accepted on the national level, it's gonna have real implications for us here,” Recktenwald said.
One potential issue is armed federal agents at the polls. This is against federal law, but there is an exception if they’re facing armed enemies of the U.S.
Another is search warrants for election materials while the outcome of the vote is still pending.
For example, Recktenwald says the public could lose confidence in results if officials have to hand over ballots or voting machines before votes are counted.
Another problem could be a refusal to certify elections or an incumbent’s refusal to accept defeat and leave office.
Recktenwald served as Hawaiʻi’s chief justice from 2010 to 2025. He was appointed by Republican then-Gov. Linda Lingle.
The committee invited Recktenwald to discuss how recent federal government actions were testing the rule of law, said Sen. Karl Rhoads, the panel’s chairperson and a Democrat.
Rhoads said some actions by President Donald Trump — like threatening judges with impeachment for adverse rulings — raised questions about the Trump administration’s respect for this principle.
