Hawaii Supreme Court Blocks Council Chair Waters From Third Term in 3-2 Ruling

Key points

• The court rejected Waters’ argument that his 2019 term was shortened by a four-month delay in swearing-in, ruling he had already served two consecutive four-year terms.
• Justices Ginoza, Cahill, and Kubota formed the majority, while Acting Chief Justice McKenna and Judge Soong dissented, arguing Waters should remain eligible.
• The decision invalidates the 8,654 votes cast for Waters in the August primary, forcing a November runoff between Ozawa and third-place finisher Gregory.
• The court dismissed Ozawa’s lawsuit on procedural grounds but upheld the separate election contest filed by 40 voters, which reached the same conclusion on the merits.

Background

This dispute stems from a 2018 election invalidated by the court, leading to a 2019 special election that Waters won. He was sworn in four months late, sparking a debate over whether that delay reduced his term length. Previous coverage noted that Waters’ disqualification left his name on primary ballots, creating a chaotic scenario where his votes could still influence the outcome despite his ineligibility.

How outlets are covering it

Hawaii News Now and Honolulu Civil Beat emphasized the finality of the 3-2 split and the immediate impact on the November ballot. Courthouse News highlighted the legal nuance, noting that while Ozawa’s lawsuit failed procedurally, the voters’ election contest succeeded on the merits. Civil Beat pointed out the irony that the court’s procedural rejection of Ozawa’s case inadvertently allowed the voters’ challenge to proceed, ultimately achieving the same result. Waters’ supporters, including lead plaintiff Natalie Iwasa, expressed surprise, arguing the charter’s term limit language was ambiguous.

Why it matters

The ruling resolves a multi-year legal battle that threatened to disenfranchise voters in East Honolulu. It clarifies the interpretation of the city charter’s term limits, ensuring that delayed swearing-ins do not extend a council member’s eligibility. The outcome determines the next council chair for District IV, a seat covering Waikiki to Hawaii Kai, and sets a precedent for how irregular terms are calculated in local elections.

What to watch

Trevor Ozawa and Tara Malia Gregory will face off in the November general election for the District IV seat. Waters, who called the ruling 'profoundly disappointing,' has indicated he will respect the decision but may pursue further legal avenues regarding his formal appeal of the lower court’s jurisdictional issues. State lawmakers may consider amending election laws to prevent similar procedural deadlocks in the future.