Waters ruled ineligible to run for Honolulu City Council seat
By Mark Ladao
July 27, 2026 at 1:21 PM HST
Honolulu City Council Chair Tommy Waters has been ruled ineligible to run in this year’s election.
A First Circuit Court judge ruled Monday that Waters had already won the last two elections for his seat, so he cannot run again in November.
Council members can only serve in office for two consecutive four-year terms, according to the Honolulu City Charter.
The complaint, filed by Waters’ political rival, Trevor Ozawa, said, “Waters was certified as elected to a full four-year term … and not in the form used for a councilmember elected to complete the unexpired remainder of another’s term.”
Waters had argued that his first term, which he won against Ozawa in 2018, wasn’t a complete four-year term, making him eligible to run despite already winning his previous two elections.
TC_ColinMoore07282026.mp3
Both Waters and Ozawa received just over 18,300 votes in the 2018 general election, with Waters getting 22 more votes. That led to a special election the following April, which Waters won with just over 51% of the vote.
Waters unsuccessfully argued that the special election had led to a shortened term.
The ruling, which came as a surprise to some, two weeks before the end of the primary election, brings with it unanswered questions for election officials, voters and the council.
What's next?
Election ballots with Waters’ name on them have already been sent to voters, and it’s unclear how the race will be handled.
“This is why courts are reluctant to intervene when there's an election underway, because it creates chaos and tremendous confusion among voters,” said longtime political analyst and University of Hawaiʻi political science professor Colin Moore to HPR. “Do voters assume that Waters' appeal will ultimately be granted and vote as normal? Do they assume that it will not and vote for somebody else?”
HPR reached out to Waters and asked if he would appeal the decision, but did not receive a response by the time of publication.
If he does, a decision on that should be quick.
It’s unclear what will happen to the votes cast for Waters, and that could be even more complicated if Waters wins the seat outright in the primary election — by getting more than 50% of the votes.
Regardless, the court decision is already bad news for Waters, according to Moore.
“This is not good for Tommy Waters … I think it's not something that most people who were following this thought would happen,” Moore said. “Even if Waters ultimately remains on the ballot and wins his appeal, this muddies the water, and it will create confusion among his supporters.”
The result could also have big implications for the nine-member City Council. Waters has thrown his weight around during significant policy issues at the council level.
He introduced legislation to create an empty homes tax and supported the defunding of the city’s Office of Economic Revitalization. He also spearheaded a reorganization of the council’s leadership following a contentious vote over a proposal to increase Honolulu sewer fees that he lost.
A First Circuit Court judge ruled Monday that Waters had already won the last two elections for his seat, so he cannot run again in November.
Council members can only serve in office for two consecutive four-year terms, according to the Honolulu City Charter.
The complaint, filed by Waters’ political rival, Trevor Ozawa, said, “Waters was certified as elected to a full four-year term … and not in the form used for a councilmember elected to complete the unexpired remainder of another’s term.”
Waters had argued that his first term, which he won against Ozawa in 2018, wasn’t a complete four-year term, making him eligible to run despite already winning his previous two elections.
TC_ColinMoore07282026.mp3
Both Waters and Ozawa received just over 18,300 votes in the 2018 general election, with Waters getting 22 more votes. That led to a special election the following April, which Waters won with just over 51% of the vote.
Waters unsuccessfully argued that the special election had led to a shortened term.
The ruling, which came as a surprise to some, two weeks before the end of the primary election, brings with it unanswered questions for election officials, voters and the council.
What's next?
Election ballots with Waters’ name on them have already been sent to voters, and it’s unclear how the race will be handled.
“This is why courts are reluctant to intervene when there's an election underway, because it creates chaos and tremendous confusion among voters,” said longtime political analyst and University of Hawaiʻi political science professor Colin Moore to HPR. “Do voters assume that Waters' appeal will ultimately be granted and vote as normal? Do they assume that it will not and vote for somebody else?”
HPR reached out to Waters and asked if he would appeal the decision, but did not receive a response by the time of publication.
If he does, a decision on that should be quick.
It’s unclear what will happen to the votes cast for Waters, and that could be even more complicated if Waters wins the seat outright in the primary election — by getting more than 50% of the votes.
Regardless, the court decision is already bad news for Waters, according to Moore.
“This is not good for Tommy Waters … I think it's not something that most people who were following this thought would happen,” Moore said. “Even if Waters ultimately remains on the ballot and wins his appeal, this muddies the water, and it will create confusion among his supporters.”
The result could also have big implications for the nine-member City Council. Waters has thrown his weight around during significant policy issues at the council level.
He introduced legislation to create an empty homes tax and supported the defunding of the city’s Office of Economic Revitalization. He also spearheaded a reorganization of the council’s leadership following a contentious vote over a proposal to increase Honolulu sewer fees that he lost.