Hawaii Supreme Court weighs eligibility of council chair for third term

On Tuesday, the Hawaii Supreme Court considered whether the four months between a nullified 2018 election and Tommy Waters' 2019 swearing-in count as a full term for purposes of the two-term limit in Charter Section 3-102. The bench, composed of Acting Chief Justice Sabrina McKenna, Justice Lisa Ginoza and three temporary judges, heard two related lawsuits: one questioning Waters' eligibility for a third consecutive council term, and another filed by East Honolulu voters contesting the procedural handling of the case.

Waters’ attorney Joseph Stewart contended that the charter permits irregular, non-standard terms, while the justices highlighted that previous vacancy appointments were treated differently. Additional arguments referenced out-of-state precedents and the potential impact on the District IV primary, where 8,654 votes were cast for Waters. The court must decide by Friday, which will determine whether the November ballot will list Waters and Ozawa, or Ozawa and Gregory.