OHALAHALA v. HIRAGA, 29415 (Haw. 10-30-2008)

No. 29415Supreme Court of Hawaii.
October 30, 2008.

ORIGINAL PROCEEDING

ORDER By: MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.

Upon consideration of the petition for a writ of mandamus filed by petitioner Solomon P. Kaho’ohalahala and the papers in support, it appears that respondent’s October 10, 2008 ruling did not decide whether petitioner was nominated or elected as a candidate in the September 20, 2008 primary election, but decided only that the challenges to petitioner’s nomination papers were untimely and that petitioner is a registered voter on Lanai. The October 10, 2008 ruling was not tantamount to a judgment in a primary election contest given pursuant to HRS § 11-173.5(b) (1993), but was a ruling only on a challenge to nomination papers and on a person’s voter registration status. Jurisdiction to render such ruling was with respondent pursuant to HRS §§ 12-8(b) (1993) and 11-25(a) (1993). Therefore, petitioner is not entitled to mandamus relief. See Kema v. Gaddis, 91 Hawai’i 200, 204, 982 P.2d 334, 338 (1999) (A writ of mandamus is an extraordinary remedy that will not issue unless the petitioner demonstrates a clear and indisputable right to relief and a lack of alternative means to redress adequately the alleged wrong or obtain the requested action.); InRe

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Disciplinary Bd. of Hawaii Supreme Court, 91 Hawai’i 363, 368, 984 P.2d 688, 693 (1999) (Mandamus relief is available to compel an official to perform a duty allegedly owed to an individual only if the individual’s claim is clear and certain, the official’s duty is ministerial and so plainly prescribed as to be free from doubt, and no other remedy is available.). Accordingly,

IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied.