Lam v. State, Office of Elections

• Decision Date: 29 August 2022
• Docket Number: SCEC-22-0000500
• Parties: ADRIEL LAM, Plaintiff, v. STATE OF HAWAI'I, OFFICE OF ELECTIONS, Defendant.
• Court: Supreme Court of Hawai'i

ADRIEL LAM, Plaintiff,
v.
STATE OF HAWAI'I, OFFICE OF ELECTIONS, Defendant.

No. SCEC-22-0000500

Supreme Court of Hawaii

August 29, 2022

ORIGINAL PROCEEDING

By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT

On August 18, 2022 Plaintiff Adriel Lam (Lam) filed a letter, which we construe as an election complaint, as well as documents attached and submitted in support. On August 23, 2022 Defendant State of Hawai'i Office of Elections (Office of Elections) filed a motion to dismiss. On August 25, 2022, Lam filed a "Memorandum; Objection to Defendant's Motion to Dismiss and in Support of Motion for Hand Recount" (objection). Upon consideration of the complaint, motion to dismiss, and objection, and having heard this matter without oral argument, we enter the following findings of fact, conclusions of law, and judgment.

FINDINGS OF FACT

1. Lam was one of two Primary Election Republican

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Party candidates in the Senate District 24 race.

2. The 2022 Primary Election was held on August 13, 2022.

3. Following a mandatory recount, the election result for this race was, as follows:

Fernandez, Antionette 1,490

Lam, Adriel C 1,446

Blank votes 787

4. The election result was later updated on August 22, 2022, with the following result that included the last ballots validated by the City Clerk for the City and County of Honolulu:

Fernandez, Antionette 1,513

Lam, Adriel C 1,474

Blank Votes 800

5. On August 18, 2022, Lam filed a letter seeking to file a complaint under Hawai'i Revised Statutes (HRS) § 11-172 (Supp. 2021), which requests the following relief:

(a) That an order be issued requiring a halt in the certification of the 2022 Primary Election so that a manual recount may be conducted of the 2022 Republican Party Senate District 24 Primary Election race; and

(b) An order requiring certain requests be granted "to restore public confidence and assurances regarding the integrity of Hawaii elections and reduce vulnerability to election and voter fraud" that include maintenance of the voter

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rolls, voter education, certain ballot handling procedures an adequate elections budget, increased access to voting to increase voter participation, and preserving all elections records from the "2020 General Election" beyond the federally mandated twenty-two month retention period to improve transparency and access to public

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