No. 20-974

Emil Svrcina, et al. v. Scott T. Nago, Chief Election Officer of the State of Hawaii, et al.

Lower Court: Hawaii
Docketed: 2021-01-15
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-rights due-process election-contest election-law elections first-amendment fourteenth-amendment hawaii-supreme-court state-legislature vote-by-mail
Key Terms:
DueProcess
Latest Conference: 2021-03-19
Question Presented (from Petition)

Article II of the Constitution provides that "Each State shall appoint [electors for
President and Vice President] in such Manner as the Legislature thereof may
direct. " U.S. Const. art. II, § 1, cl. 2 (emphasis added). That power is "plenary, " and
the statutory provisions enacted by the legislature in the furtherance of that
constitutionally-assigned duty may not be ignored by state election officials or
changed by state courts. Bush v. GoreC'Bush II"),531 U.S. 98, 104-05 (2000). Under
both the Fifth and Fourteenth Amendments to the U.S. Constitution, neither the
federal government nor state governments may deprive any person "of life, liberty,
or property without Due process of law"

These questions are therefore presented;

Question 1.
Did the Hawaii Supreme Court violate rights and due process under the First and
Fourteenth Amendment of the U.S. Constitution by dismissing with prejudice
Complaint SCEC-20-0721, on the basis of laches?
(a) Is this a foreclosure for any opportunity for Petitioners to seek retrospective and
prospective relief and enforcement for ongoing constitutional and all other
statue violations in elections?

Question 2.
Was Petitioners Due Process violated when a motion for reconsideration, which
was timely, filed 12/17/20, 9 days after motion to dismiss, was denied?
Complaint SCEC-20-0721 had already been marked "CLOSED ",
and an "S" which signifies judgment has been satisfied prior to 12/17/20. Hawaii
Rules of Civil procedures, Rule 40 allows 10 days to file motion for
reconsideration after order for dismissal is issued.
(a) Did State of Hawaii Attorney General violate Due Process by granting
permission to Chief Election Officer to certify results of Hawaii 2020 election
12/9/20 immediately upon Hawaii Supreme Court issued order for dismissal?
HRS§1 1-156 If there is an election contest these certificates shall be delivered only
after a final determination in the contest has been made and the time for an appeal
has expired. [L 1970, c 26, pt of §2; am L 1986, c 305, §4; am L 2012, c 34, §L' am L
2014, c 139, §1]

Question 3
Did the State of Hawaii legislature violate the Federal Constitution, U.S. Code Title
52 Voting and Elections, and the 2010 Plain Writing Act (Public Law 111-274) by
enacting legislation passed in 2019 as Act 136, "Vote By Mail "?
Act 136 is the "new " guide to conduct all State of Hawaii and all federal elections
pursuant to Article I, and Article II of the U.S Constitution. Hawaii 's Act 136, 'Vote
by Mail " in its final version of has 75 of the 96 pages that are entirely incoherent,
and crossed out or lined out.

Question Presented (AI Summary)

Did the Hawaii Supreme Court violate due process by dismissing a complaint with prejudice?

Docket Entries

2021-03-22
Petition DENIED.
2021-03-03
DISTRIBUTED for Conference of 3/19/2021.
2021-01-21
Waiver of right of respondents Scott C. Nago, et al. to respond filed.
2021-01-05
Petition for a writ of certiorari filed. (Response due February 16, 2021)

Attorneys

Emil Svrcina, et al.
Karl Orlando Dicks — Petitioner
Scott C. Nago, et al.
Kimberly Tsumoto GuidryDepartment of the Attorney General, State of HI, Respondent