AGO 88-5.

Case DateSeptember 15, 1988
CourtHawaii
Hawaii Attorney General Opinions 1988. AGO 88-5. Opinion No. 88-5Attorney General Opinion Letters September 15, 1988The Honorable Benjamin J. CayetanoLieutenant GovernorState of Hawaii State Capitol, Fifth FloorHonolulu, Hawaii 96813 Dear Lieutenant Governor Cayetano: Re: Whether Blank and Spoiled Ballots Should Be Included as"Votes Cast" in Determining the Results of the Honolulu Prosecutor's Election This is in response to your oral request for our opinion as to whether blank and spoiled ballots should be included as "votes cast" to determine which candidate, if any, may be deemed elected to fill the office of prosecuting attorney of the City and County of Honolulu.1/ We answer in the negative. Article VIII, section 8-102 of the Revised Charter of the City and County of Honolulu as amended in 1986 (hereafter "charter amendment"), provides in part: 1/We have previously opined that blank ballots should not be counted as votes cast when determining the qualification of a political party under Hawaii Revised Statutes 11-61. See Attorney General Opinion No. 81-6. However, we have also opined that blank and spoiled ballots should be counted to determine ratification of proposed constitutional amendments, relying on constitutional history which indicated a specific intent to include such ballots as part of the votes cast. See Attorney General Opinion No. 82-7.The candidate receiving a majority of votes cast for the office of the prosecuting attorney shall be deemed elected. In the event that no candidate receives a majority of the votes cast in the special election held in conjunction with the primary election, a second special election shall be scheduled to be held in conjunction with the general election scheduled for the same...

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