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

Paid petition · Supreme Court of Hawaii, No. SCEC-20-0000721 · judgment December 8, 2020


Certiorari denied · March 22, 2021
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

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-20-0000721, 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-20-0000721 had already been marked “CLOSED”,

Counsel of record

For petitioner
Karl Orlando Dicks

For respondent
Kimberly Tsumoto Guidry
Department of the Attorney General, State of HI

Case

Conference history
Distributed for 1 conference

Proceedings

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