Election 2026 is sure to have a spot in Hawaii history books — having one race end in a tie is unusual, but two in a single cycle is a standout. Even so, it should not have turned out this way.
Two Republican primary races for the state Legislature that both ended in a tie were settled Aug. 15 under existing law by deciding each winner by lot — the luck of a draw. Sheila Medeiros now will succeed the incumbent, Kanani Souza, in the state House seat for District 43, Kapolei and Makakilo; no Democrat is running in the Nov. 3 general election.
And, in the state Senate, former state Rep. Bob McDermott is the Republican nominee for state Senate District 20, a seat currently held by his primary-election opponent, Kurt Fevella. McDermott will compete with Democratic candidate Markus Owens in the general.
Souza on Monday challenged the drawing that led to her loss in a lawsuit before the Hawaii Supreme Court, arguing that the balls containing the slips of paper with the names were not mixed properly.
Setting that specific case aside, the best overall solution going forward, chosen by 12 other states, is to break the tie in a special election.
It should be doable, even given that Hawaii’s all-mail balloting might complicate the calendar. One of the states that require ties to be decided in a special election, Maryland, also offers mail-in voting, though not exclusively: Voters still have the option to vote in person, at early-voting centers or at the assigned voting place.
But it’s certainly possible that Hawaii could reconfigure its voting calendar to allow enough time for an additional, tie-breaking special election. That should be a topic for discussion when the 2027 Legislature convenes in January.
Settling what is undeniably a rare occurrence may not seem to be a matter of great concern — until it happens.
Openings that occur in elected positions between elections are generally filled by appointment, but where a seat is being awarded for a full term, the voters want to have the final say, and should.
It’s then surprising that so many states resolve any problem with voting tallies through nondemocratic means. There are 27 states that break ties by lot, as Hawaii has done.
Since 1970 in Hawaii, some form of resolution by drawing lots was on the books. But the earlier law required both sides to agree to a verdict struck by chance, which fell apart when one candidate refused to go along.
A subsequent state law weighted votes according to the size of the precinct, but more than 20 years later lawmakers decided this system was likely unconstitutional, violating the one-person-one-vote principle. The current tie-breaking lot system was set in 2019.
A problem with this method may seem a long shot, but it’s real. Any pertinent shortcomings with either candidate that come to light after the drawing of the winner’s name would not be easy to solve. And in a democracy, it is hard to accept representation by an unsuitable candidate when the voters did not make the final call.
The mechanics of a special election would be challenging, particularly if, as in this case, a general election is scheduled a few months later. But it should be possible to adjust the schedule to leave extra days for a tie-breaker if needed. A quick election, with in-person voting within the affected district, could offer the most practical solution.
To be sure, there are many examples of elective offices filled for the short term by appointment, and the most carefully crafted election system is going to have some flaws.
But Hawaii should not readily surrender its commitment to voter control of elections. This state has sought improvement in its voter engagement — and success depends on the public believing election outcomes to be their own.
