A state Elections Commission internal investigation has concluded that Chief Election Officer Scott Nago acted appropriately in response to primary election problems in the Puna district resulting from Tropical Storm Iselle.
The report concluded that Nago consulted the appropriate authorities when he postponed voting in two Puna precincts and moved to hold a special one-day election six days later despite lingering access problems caused by storm debris.
A separate investigation concluded that a delay in counting almost 800 ballots on Maui was primarily the fault of elections vendor Hart InterCivic.
Discussion of the two reports is scheduled for the next commission meeting on Nov. 14. However, the fact that the meeting will take place after the general election essentially means that Nago is in the clear, according to state Sen. Russell Ruderman (D, Puna).
"The reports were very mild and they really didn’t say very much," said Ruderman, who had previously called for Nago’s ouster. "I think it’s done."
State Sen. Sam Slom said the outcomes of the investigations were easy to foresee.
"They should have been external, independent investigations," Slom (R, Diamond Head-Kahala-Hawaii Kai) said. "You can’t have them investigating themselves. We knew they would all rally around the chief elections officer and that’s what they did. Nothing is going to happen."
Slom said he and Ruderman intend to introduce a bipartisan measure next year aimed at addressing what they see as fundamental problems with the Elections Commission.
Slom said he wants to require Senate confirmation of the chief elections officer, advance release of reports to be discussed in commission meetings and amendments to meeting agendas that would allow public comment after reports are presented.
"Right now you have public comments first," he said. "It makes no sense."
Both Slom and Ruderman criticized the commission for not making accommodations that would allow neighbor island residents to participate in meetings that have a direct impact on them. Ruderman had requested that in lieu of holding a meeting on Hawaii island that the commission use available facilities for live streaming or teleconferencing.
"It’s the same thing as two years ago," said Slom, referring to voting delays in Puna during the 2012 primary. "These things don’t happen unless people are out of touch or in over their heads."
