A lawsuit filed Thursday, August 21 by Pahoa residents and the American Civil Liberties Union of Hawai‘i Foundation (“ACLU”) asks the State Supreme Court to allow any registered voter affected by Tropical Storm Iselle to cast a vote that will be included in the August 2014 primary results. The lawsuit also asks the Court to find that the Legislature failed in its constitutional obligation to protect the fundamental right to vote by delegating all decisions relating to natural disasters to the Office of Elections. The lawsuit concerns the fundamental right to vote and the disenfranchisement of hundreds and potentially thousands of affected voters. The lawsuit does not challenge the results of any particular race nor does it endorse any campaign.On August 6, 2014, Governor Abercrombie signed an emergency proclamation, in advance of two anticipated storms projected to impact Hawai‘i: Hurricanes Iselle and Julio. The proclamation – valid from August 6 through August 15 – included a statement that “the danger of disaster is of such magnitude to warrant preemptive and protective action in order to provide for the health, safety, and welfare of the people[.]”Facing massive damage from Iselle on August 8, and thousands of Hawai‘i County residents dealing with historic flooding, power outages, property damage, and road closures – some of which continue even now – the Chief Elections Officer determined that the primary would go on as scheduled on August
By acluhawaii