In July 2026, the term of the Elections Commission chair ended. Two members of the Commission asked Commission staff to schedule a meeting to select a new chair. Staff have insisted that only a Commission chair or a majority of the Commission may call a meeting. The two members asked the Hawaiʻi Supreme Court to order the staff to schedule a meeting, arguing among other things that without a chair it is impossible to schedule a meeting because the Sunshine Law prohibits a majority of the Commission from agreeing to schedule a meeting without first holding a meeting.
Because the Sunshine Law does not prohibit board members from discussing administrative matters (such as scheduling a meeting) outside a meeting, Public First sought leave to file an amicus curiae brief regarding the issue, which the Hawaiʻi Supreme Court granted. On October 30, 2026, the Court granted the writ and ordered the Commission staff to schedule a meeting, when there is no chair, if requested by a Commission member, so that the Commission can select a chairperson. The Court affirmed that discussing the administrative scheduling of a meeting among Commission members does not violate the Sunshine Law.
- Petition for Writ of Mandamus (7/8/26)
- Order for Response (7/17/26)
- Answer to Petition (7/24/26)
- Reply to Answer (7/28/26)
- Public First Motion for Leave to File Amicus Curiae Brief (9/28/26)
- Order Granting Motion (10/1/26)
- Amicus Curiae Brief (10/1/26)
- Petitioners’ Response to Public First Amicus (10/7/26)
- Public Interest Legal Foundation Motion for Leave to File Amicus Curiae Brief (10/9/26)
- Order Granting Motion (10/9/26)
- Petitioners’ Response to PILF Amicus (10/14/26)
- Order (10/5/26)
- OIP Amicus Curiae Brief (10/13/26)
- Office of Elections Supplemental Memorandum (10/13/26)
- Opinion (10/30/26)