The Hawaii Supreme Court has ordered a do-over election after two Republicans fought to a dead-even 842-842 tie in a state House primary — and election officials tried to settle it by drawing a name from a woven basket.
The court threw out that August 15 basket draw, which had given the seat to Sheila Medeiros over incumbent Representative Kanani Souza for House District 43 on Leeward Oahu. Instead, both candidates will face each other again in November’s general election, with the winner taking the seat outright. No Democrat filed to run.
Two Fatal Flaws in the Original Count
Justice Lisa Ginoza identified two problems with the tie result, either one sufficient to void it. First, election workers mistakenly gave two voters in neighboring District 40 the wrong ballots — District 43 ballots that got counted with no way to trace them back. Second, officials excluded 11 mailed ballots that arrived after election day but bore postmarks from before the deadline, as state law requires be counted.
“Because no candidate was validly nominated, the primary is not pau,” Justice Todd Eddins wrote, using the Hawaiian word meaning complete. “The remedy is to let the voters finish it.”
When Election Officials Get Creative
The basket-draw method came after Chief Election Officer Scott Nago pulled Medeiros’ name from a traditional lauhala basket following the tie. Hawaii law does authorize random selection to break ties, but only when the count itself is valid. The court found this count wasn’t.
The ruling highlights a recurring problem: election workers issuing voters the wrong ballots, then no mechanism to fix it without compromising ballot secrecy. Those two misplaced District 40 votes could have decided a seat representing thousands of Oahu residents.
What Happens Next
Both Medeiros and Souza will now campaign through November for what amounts to a Republican-only general election. With no Democratic opponent, the winner takes the seat regardless of party rules about primaries.
The court’s decision means voters in District 43 get another chance to break the tie themselves — the way elections are supposed to work when basket draws and postmark disputes muddy the result.
Key Points
- Two Republicans tied 842-842 for Hawaii House seat; election chief broke tie with basket draw
- State supreme court found two fatal counting errors: wrong ballots issued, valid mail votes excluded
- Both candidates face off again in November with no Democrat running
https://www.courthousenews.com/hawaii-supreme-court-orders-new-election-in-tied-house-race/ – September 05, 2026
