The Hawaii Supreme Court sided with the state today and dismissed an election challenge launched by the American Civil Liberties Union on behalf of Big Island voters who were unable to cast ballots on Aug. 9 due to Tropical Storm Iselle. According to the Thursday ruling, the high court said it did not have jurisdiction over the constitutional questions raised by the ACLU. The dismissal also noted that the ACLU’s lawsuit, filed Aug. 21, was admittedly ““not a typical ‘election contest.’”
The ACLU filed the lawsuit after several voters claimed they could not vote in the primary because they were unable to get to the polls due to fallen trees and power lines.
Those voters also were not allowed to vote in a special makeup election on Aug. 15 for affected Puna residents.