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.
- 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)