Rep. Kanani Souza challenges Hawaii primary tie-breaker at state Supreme Court

Aug 24, 2026

A Hawaii state lawmaker is asking the state's highest court to throw out a primary result she lost by random draw, a long-shot bid that keeps a legislative seat in limbo weeks before the general election.

  • Rep. Kanani Souza lost her primary tie-breaker to Sheila Maderas when names were drawn from a basket, and she says that method violated due process.
  • She argues it should never have gone to a tie-breaker at all, pointing to one precinct where more ballots came in than there were voters.
  • State elections chief Scott Nago calls the two-vote overage normal, usually caused by a double ballot in a mailed envelope or a wrong ballot handed out in person, and typically offset by a shortfall elsewhere.
  • Political analysts say the basket draw was legal and no one has ever successfully overturned one, calling this a Hail Mary.

Outlook: A ruling should come fast — the elections office has five days to respond and the court four days after that — with the seat most likely staying with Maderas.

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