No. 20-6008

Brian Evans v. Kaiali'i Kahele

Lower Court: Hawaii
Docketed: 2020-10-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: compelled-speech content-neutrality first-amendment free-speech government-regulation private-entities
Latest Conference: 2020-12-11
Question Presented (from Petition)

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?

Question Presented (AI Summary)

Whether the First Amendment prohibits the government from compelling private entities to host and disseminate speech they disagree with

Docket Entries

2020-12-14
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2020-11-25
DISTRIBUTED for Conference of 12/11/2020.
2020-10-27
Waiver of right of respondent Scott Nago, Chief Elections Officer to respond filed.
2020-10-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2020)

Attorneys

Brian Evans
Brian Evans — Petitioner
Scott Nago, Chief Elections Officer
Kimberly Tsumoto GuidryDepartment of the Attorney General, State of HI, Respondent