Brian Evans v. Kaiali'i Kahele
1. During an Objection to an Election, if a candidate is duly served and fails to Answer the
Complaint or otherwise appear, is he in Default and should Default Judgement be entered
against him and his primary win set aside?
2. May a party who is not named as a Defendant in a case file a Motion to Dismiss the Complaint
on behalf of the actual Defendant despite making no appearance in the case on behalf of that
Defendant? A Motion that is then Granted?
3. Can a Defendant, despite Hawai'i's own Election Laws, be allowed to disregard a properly and
legally served Civil Complaint, not Answer that Complaint per Hawaii Election Laws, and still
be considered the Primary winner despite the Complaint seeking to set his primary win aside?
4. Can the Hawai'i Supreme Court disregard its own laws pertaining to when an Objection to an
Election must be Answered by a Duly Served Defendant and then Deny Plaintiff's claims for
relief?
Whether the First Amendment prohibits the government from compelling private entities to host and disseminate speech they disagree with