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Former state Rep. Tommy Waters declined Wednesday to concede the race for District 4 of the Honolulu City Council to incumbent Trevor Ozawa.
Final results released at 4:11 a.m. Wednesday showed Waters behind by 22 votes with 18,335 votes to Ozawa’s 18,357 votes. There were 2,908 ballots with the council race left blank.
Waters was spending time with his family and unavailable for comment Wednesday, his campaign said. But in a statement, he made no reference to conceding.
“With a race so close, we want to ensure the rights of every voter of Council District 4,” the statement said. “There are some open questions our residents have that we are looking into and with more information will be deciding next steps very soon.”
The result mirrors that of the previous race between the two in 2014, when Ozawa beat Waters by 41 votes.
Hawaii is not one of the 20 states that require a recount in close races, according to the National Conference of State Legislatures. However, state law does allow for legal challenges of results based on a narrow set of criteria.
Following the 2014 election, Waters petitioned the Hawaii Supreme Court for a recount of the results. But justices declined to approve a recount, concluding that Waters failed to show “actual information of mistakes or errors sufficient to change the election result” as required.
Ozawa’s victory unfolded in dramatic fashion for election watchers. The first results, which came out about 7 p.m., showed Ozawa ahead by 68 votes. The second set of results, released at 8:08 p.m., put Waters ahead by 7 votes. The third round of results at 9:36 p.m. showed Waters’ lead widening to 72 votes, a margin that stayed the same with the fourth set of results at 11:23 p.m.
But an estimated 7,000 votes across Oahu, made up mostly of mail-in absentee ballots that were either dropped off physically at precincts or the city clerk’s office, or picked up in late mail pickups, had not been counted, election officials said just before midnight, and would not be counted until early Wednesday.
Ozawa was asleep when the Honolulu Star-Advertiser first texted him about the final summary report results about 4:40 a.m.
Ozawa said he felt at a disadvantage during the campaign because Mayor Kirk Caldwell was backing Waters, a political ally of the mayor dating back to when the two served in the state House of Representatives in the early 2000s.
“People aren’t happy with how things are going with the (Caldwell) administration and they want someone (on) the Council who will be a check and balance to the mayor and ensure accountability and transparency at the city,” Ozawa said in a statement.
Ozawa’s victory means Caldwell will face a hostile reception in the City Council during the last two years of his term.
Ozawa has been among the mayor’s most vocal critics and is one of the Council members making up the five-person anti-Caldwell majority headed by Council Chairman Ernie Martin. Ozawa has been chairman of the powerful Budget Committee under Martin’s leadership team.
The political jabbing between Ozawa and the mayor’s supporters escalated as Election Day approached.
In late June, Ozawa filed a complaint with the city Ethics Commission alleging that Misty Kela‘i, director of the Mayor’s Office of Culture and the Arts, used her agency’s social media account to support Waters’ candidacy. In July, an aide to Councilman Ikaika Anderson, who also backed Waters, filed a complaint with Martin’s office alleging that Ozawa harassed her on several occasions for sign- waving for Waters.
Caldwell, meanwhile, accused Ozawa of stalling in his committee a bill allowing the city to use general funds to pay for up to $214 million of the city’s $8 billion-plus rail project. The administration described Bill 42 (2017) as critical for the rail project’s survival. The bill ultimately got switched to the Legislative Matters Committee headed by Martin and was approved by the full Council two weeks ago.
Caldwell also accused Ozawa of blocking two bills that prohibit obstructing or lodging on public sidewalks. Ozawa vehemently denied the charge, pointing out that the measures were being considered by a committee he does not chair.
The Ozawa and Waters campaigns have also accused each other of employing dirty election tactics.
On Wednesday afternoon, Ozawa issued a statement striking a more conciliatory tone, stating that he was humbled by his victory. “I want to thank my opponent and his team for making me a better candidate,” he said.
HOW TO CONDUCT A RECOUNT IN HAWAII
If Tommy Waters wants to ask for a recount over his 22-vote loss in Tuesday’s election, he must:
>> File a complaint with the Hawaii Supreme Court; and
>> Describe any reasons — such as fraud, mistakes or errors — which could cause a difference in the election results.
Note: After Waters’ loss in 2014 he petitioned the Supreme Court for a recount but was denied because he failed to show “actual information of mistakes or errors sufficient to change the election result.”
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