Hawaii’s Supreme Court heard arguments Tuesday over whether Honolulu City Council Chair Tommy Waters can run for what opponents claim would be an illegal third term — a dispute that could nullify 8,654 votes already cast for him in the August primary.
The case turns on four months in 2019 when Waters served on the council after a voided election but before his belated swearing-in. Waters argues those months don’t count toward the city charter’s two-term limit. His challengers say they do, which would bar him from the November ballot for District IV.
Waters has held the seat for more than seven years. The legal fight now threatens to upend a race where thousands of voters have already chosen him as their preferred candidate.
Unusual Path to Power Creates Legal Puzzle
Waters’ route to the council was anything but standard. The Hawaii Supreme Court invalidated a November 2018 election, but Waters continued serving before finally being sworn in months later. That gap is now the crux of the dispute.
Honolulu’s charter caps council members at two consecutive four-year terms. If the four-month period counts as part of a term, Waters has already served his limit. If it doesn’t, he’s eligible for another run.
Two regular justices recused themselves from the case. Acting Chief Justice Sabrina McKenna and Justice Lisa Ginoza were joined by three outside judges: Michael Soong, Peter Cahill, and Peter Kubota.
Primary Votes in Limbo as Court Weighs Decision
The timing puts voters in an impossible position. More than 8,600 people cast ballots for Waters in the August 8 primary, but those votes may be worthless if the court rules against him. No timeline has been announced for a decision, though the November election is approaching fast.
The case illustrates a broader problem with term limits when election timelines don’t align with actual service. Waters argues he’s being penalized for circumstances beyond his control. His opponents say the charter’s language is clear and applies regardless of how someone reached office.
The court’s ruling will determine not just Waters’ political future but whether thousands of Honolulu voters will see their primary choice erased from the ballot.
Key Points
- Hawaii Supreme Court heard arguments over whether Honolulu Council Chair Tommy Waters exceeded term limits
- Waters served four months after a voided election before his belated swearing-in — opponents say that counts as part of a term
- More than 8,600 voters chose Waters in the August primary, but those votes could be thrown out if the court rules against him
https://www.courthousenews.com/hawaii-high-court-considers-ballot-eligibility-for-honolulu-city-council-sear/ – August 26, 2026
