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LETTER: Senator Critical of Puna Election Handling

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Editor’s note: This letter is in response to the special election that is scheduled for Friday Aug. 15 for the Puna area. See original story about the Puna election here.

I wish to express my concern for the people of Puna and my dismay at the seemingly dismissive attitude displayed by election officials concerning the primary elections in the Puna District.

Due to the damage caused by Hurricane Iselle on Friday, August 8, election officials made the decision to close two polling stations in the Puna district: Keonepoko Elementary School and at the Hawaiian Paradise Park Community Center. The decision was logical at the time, given that major roads to these polling stations were inaccessible due to fallen trees and electrical poles.

Unfortunately, however, there appear to be systemic, troubling failures in how this and subsequent decisions were carried out. Residents who were able to reach these two polling stations despite the hazards were turned away and told that ballots would be mailed to them. This was initially a good plan, and allowed for the voters to address their immediate needs due to Hurricane Iselle. In the aftermath, election officials changed their minds and decided, without consideration of conditions on the ground (many residents are still without power, water, or internet) to instead require walk-in voting this Friday, August 15. I am greatly concerned that the Election Office’s plan to mail notices and post signs on the sides of highways will not suffice due to number of residents that are still trapped and without communications.

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I personally tried to contact Mr. Scott Nago, chief elections officer, and to notify the offices of the actual candidates numerous times during the weekend to get some kind of update on what was happening on the ground, in the district. My calls went unanswered until late Monday when Mr. Nago contacted me AFTER a decision had already been made. Even during our conversation, Mr. Nago still failed to notify me of that decision. This is extremely troubling and unfortunate.

Furthermore, many residents were assigned polling stations that remained opened; however, they could not reach them. These residents are not being offered an alternative means at all to cast a ballot. This is unacceptable, especially in light [of] an analysis of Election Day precinct turnout showing an 11.5% turnout at Keaau High School, a 12% turnout at Pahoa Community Center and a 12.3% turnout at Pahoa High and Intermediate School. Mountain View Elementary School had a 14.3% turnout and an overall statewide turnout of 41.4% according to data compiled by the state Office of Elections clearly illustrates that turnout was badly affected.

These low numbers are in sharp contrast to the much higher turnout in the previous two elections, and indicate to me that many people who would normally have voted, could not because of the storm. These are my constituents, whom I know to be astute, active, and vocal when it comes to the political process. They are now being effectively disenfranchised by the unwillingness of election officials to take them into account. This is one more example of the unfairness of someone in Honolulu making a decision that unnecessarily punishes the people on a neighbor island without knowing, or seemingly caring, what the real conditions are on the ground.

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Hawaii law requires that the voting process to be complete 21 days after the primary election. My question is, why was a decision so hastily made to designate Friday the 15th as the day for elections for the two affected areas, when so many residents along Red Road, in Pohoiki, and other areas of Puna are still trapped by fallen trees? Not only is it is physically impossible for these voters to get to a polling station (and there is no plan to extend voting for hundreds of people in this situation), but the majority of these voters aren’t even aware that the decision has been made to reschedule the election in the first place.

The governor, under Hawaii Revised Statutes 128-9(60 (6) Election hours, has the authority to adjust the hours for voting to take into consideration the needs of the citizens during such emergencies.

Hawaii Revised Statutes 128-9(60 (6) Election hours. To adjust the working hours of the voters during the national emergency and other emergency conditions, and for the purpose to suspend those provisions of section 11-131 which fix the hours for voting, and fix other hours by stating the same in the election proclamation or notice, as the case may be.

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It is imperative that allowances be made to address the concerns and rights of eligible voters to be allowed to participate in our elections process. We still have the time and resources necessary to make amends and avoid the inevitable lawsuits that will be forthcoming should the decision to hold the voting on Friday stand. It is incumbent on officials to take the necessary actions to guarantee that all are afforded their Constitutional rights under law to that participation.

Senator Ruderman represents the 2nd District in the Hawai’i Senate, which includes Puna and the town of Pahala in Ka‘u.

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