OUR ADVOCACY

CASES

Cushnie v. Nago

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.  The Court heard oral argument on October 16, 2026.