HILO » Voters in storm-damaged Puna would be deprived of their constitutional right to vote if the state Office of Elections moves forward with a unique makeup election on Friday, U.S. Rep. Colleen Hanabusa alleges in a legal challenge filed on Wednesday.
Hanabusa, who trails U.S. Sen. Brian Schatz by 1,635 votes in the Democratic primary for Senate, asked a state Circuit Court for a temporary restraining order to delay the vote Friday at Keonepoko Elementary School for two precincts that did not open for Saturday’s primary because of Tropical Storm Iselle.
A hearing is set for Thursday morning before Circuit Judge Greg Nakamura.
The complaint argues that because of limited electricity and phone service in Puna and storm debris on some roads, it will be impossible to ensure that all voters will be notified of the election.
State law gives election officials up to 21 days to conduct the vote by absentee ballot delivered by mail or by hand. Election officials, the complaint claims, would fail to meet the service requirement for delivering ballots unless every voter in the two precincts shows up at Keonepoko Elementary on Friday.
Holding the election, the complaint maintains, would be a violation of the First and 14th Amendments, which protect voting rights.
"I’ve always felt that when the people want to exercise the right to vote, that they should be able to do that," Hanabusa said. "It’s probably the most coveted constitutional right that distinguishes us as a nation. So when you see a situation like this, where the discretion is up to 21 days and a date is picked — and there’s really no other reason to pick this date … the question is, why would they rush the situation when people are still trying to regain fundamental things like power?"
Meaghan Smith, a spokeswoman for the Schatz campaign, said the senator "continues to focus on helping Puna recover," adding, "The Office of Elections or the courts will determine the best way to move forward to maximize voter participation.
"Sen. Schatz believes that the voters in Puna and across Hawaii must be given fair access to voting and the senator’s campaign will be committed and respectful whenever the election is held. The senator’s priority is to help the people of Puna get back on their feet."
Both Schatz and Hanabusa have spent the past few days helping with the recovery effort, distributing water and food, and subtly — but unmistakably — reminding voters by their presence on the island that the primary is not over.
Banners have gone up in Puna spreading the word about Friday’s election, including a few homemade signs that urge residents to vote. Schatz and Hanabusa campaign signs are also still up throughout the region.
Hawaii County Mayor Billy Kenoi said the county intends to make sure voters have access to Keonepoko Elementary on Friday so "everybody who wants to vote in the precincts that will be voting can vote."
Kenoi said that "if we get a call from somebody who says, ‘Eh, somebody on 22nd and Paradise, or 12th and Makuu, an auntie down in the bottom of Hawaiian Beaches need one ride,’ we going get there and make sure she get one ride."
Gov. Neil Abercrombie said his administration has offered legal advice and civil defense information to the Office of Elections but has otherwise not been involved in scheduling Friday’s vote.
The governor reminded reporters that he had said before Iselle hit that he was "taking off my campaign hat, and that means the political hat. The last thing anybody wants in a democracy like the United States, and certainly in Hawaii, is for the executive to be able to decide whether or not to hold elections.
"I might have wanted to postpone last Saturday myself then if that was the case," he said with a chuckle, referring to his lopsided Democratic primary loss to state Sen. David Ige.
Asked whether he thinks Puna residents are ready to vote on Friday, after what he has seen of the storm damage, the governor said: "It’s not whether I think they’re ready to vote or not, it’s what the chief elections officer thinks. And he thinks so."
Todd Belt, a political science professor at the University of Hawaii at Hilo, said he has heard some people question the fairness of the election. Given the voting problems during the 2012 elections, when some polling places opened late in Hawaii County and there were ballot shortages at precincts on Oahu, "you might think that there would be a good argument for waiting and getting it done right."
Belt also said there is the perception among some of an Oahu-centric nature to state government.
"A lot of people really feel that decisions that are made by state government reflect the best interests of people on Oahu rather than the neighbor islands," he said.
