Hawaii Supreme Court Questions Lottery Tie-Breaker After Republican Primary Ends in Exact Tie

A Republican primary on Aug. 8 for Hawaii’s House District 43 resulted in an exact 842-842 tie between incumbent Kanani Souza and challenger Sheila Medeiros, triggering the statutory “by lot” tie-breaker. The Supreme Court examined the process after two District 40 voters were mistakenly issued District 43 ballots that could not be identified, leaving officials unable to determine their votes. Chief Election Officer Scott Nago explained that security rules prevent linking ballots to voters and defended the rapid lottery draw using a sealed lauhala box, though the justices noted the method had never been tested or formally rule-made.

Deputy Attorney General Kendall Moser argued the statute grants the officer authority to decide by lot, while Souza’s attorney Thomas Otake contended the state should bear the burden of proving the irregularity affected the outcome. The court also considered whether an invalid draw would require a new election or a runoff, noting logistical challenges for the November ballot. Medeiros, representing herself, asked that the certified result stand unless the court finds a legal requirement to change it. No ruling date was set.