Democrats ask
Supreme Court to
look into their loss
at Waianae

Merywn Jones insists
'something went haywire'

By Craig Gima
Star-Bulletin

Democrat Merywn Jones, who lost his Waianae House seat to Republican Emily Auwae by 21 votes, says "something went haywire" in one of the precincts in his district that resulted in more than the normal number of votes that did not count.

Now the Democratic Party is asking the Hawaii Supreme Court to either throw out the election or to appoint a special master to investigate.

The party filed a challenge to the election result yesterday.

The complaint alleged that there were an abnormal number of overvotes in the race. An overvote occurs when more than one candidate is selected in a race and that portion of the ballot is disqualified. According to the complaint, 2.9 percent of the votes cast in the district were overvotes, compared to 0 percent to 0.4 percent overvotes in the other 50 House districts. Of the 167 overvotes in the race, 157 came from one precinct.

The party alleged that the number of overvotes in a single precinct is evidence of either a computer malfunction or fraud. An affidavit from a university professor said the probability of 163 overvotes occurring in the district is nearly statistically impossible.

"I think it's pretty blatant," said William Gilardy Jr., the attorney who filed the complaint for the party.

"Nobody knows what happened, but something happened," Jones said.

According to a motion filed by Gilardy, "mistake and or fraud has thrown a cloud of suspicion over the voting process." The motion seeks to have a special master or a Republican and a Democrat appointed to investigate.

Jones' opponent, Emily Auwae, said the challenge came as a surprise to her because Jones had already moved out of the office at the state Capitol.

She said she would be disappointed if the court invalidates the election. "I'm sure the voters would be disappointed," she said.

Yesterday was the last day to file challenges to the general election.

Just before the deadline, Democrat Steve Tataii, who lost to Republican incumbent Rep. Barbara Marumoto by 3,585 votes, filed a complaint over the election results in House District 17. He alleged that an ad by the Alliance for Traditional Marriage endorsing candidates left him out even though he supported a yes vote on the same sex marriage amendment. Tataii said that may have cost him votes.

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Irradiation vote draws
Big Island challenge

Opponents charge that the county
used improper influence

By Craig Gima
Star-Bulletin

Opponents of an irradiation facility on the Big Island are optimistic that the Supreme Court will hear their challenge to overturn the results of a November ballot measure.

The initiative to ban the facility failed by 473 votes.

The 48 voters who filed the complaint alleged that public money, employees and equipment were used improperly to influence the election.

"If the government can buy the election with public funds then you don't have a representative government," said Lanny Sinkin, one of the irradiation opponents who filed the challenge. "When the issues are that fundamental, I fully expect the court to treat it seriously. Whether they will take jurisdiction or not, we'll see."

Sinkin also accused Mayor Stephen Yamashiro of violating campaign spending laws by transferring $15,000 from his campaign fund to the campaign against the measure. The opponents also have filed a complaint about the use of the money with the Campaign Spending Commission.

"I think they have no foundation for their claims," Yamashiro said.

He also said the use of his campaign funds was appropriate.

"Irradiation facilities are part of my program," he said. "It's something I would have done anyway."

The complaint alleged that $90,000 of county money spent on a public awareness and marketing campaign related to agricultural products from the Big Island was actually part of a campaign against the irradiation measure and that a newsletter printed by the county and sent to its 2,260 employees also promoted a no vote.

Opponents also argue that the ballot explanation of the measure was confusing, but they do not allege votes were miscounted or that there was any vote fraud.