IN THE SUPREME COURT OF THE STATE OF HAWAI`I
___________________________________________________________________________________________________
BENJAMIN J. CAYETANO, GOVERNOR, STATE OF HAWAI`I,
Petitioner,
vs.
DWAYNE D. YOSHINA, CHIEF ELECTION OFFICER,
STATE OF HAWAI`I, Respondent.
____________________________________________________________________________________________________
ORIGINAL PROCEEDING
(Petition for a Writ Directed to a Public Official)
ORDER DENYING PETITION FOR
A WRIT DIRECTED TO A PUBLIC OFFICIAL
(By: Moon, C.J., Nakayama, and Ramil, JJ.; and
Intermediate Court of Appeals Judge Burns,
in place of Levinson, J., absent; and
Acoba, J., Concurring)
We have reviewed the petition submitted by Petitioner, Governor Benjamin J. Cayetano, against Respondent, Chief Election Officer Dwayne D. Yoshina. The Petitioner seeks a writ directing Respondent to waive statutory time limits for substitution of a candidate on the November 2002 election ballot. Pursuant to section 11-118(e) of the Hawai`i Revised Statutes (HRS), it appears Respondent has discretion to "waive any or all" of the HRS § 11-118 requirements "in special circumstances as provided in the rules adopted by the chief election officer." (1) However, mandamus will not lie to control the discretion vested in a public officer. See, e.g., Bugbee v. Kimich, 42 Haw. 122 (1957); In re Hoopii, 40 Haw. 452 (1954); cf. State v. Quitog, 85 Hawai`i 128, 146 n.27, 938 P.2d 559, 577 n.27 (1997) (acknowledging limitations on judicial authority to mandate discretionary executive decisions). Therefore,
IT IS HEREBY ORDERED, pursuant to Rule 21(c) of the Hawai`i Rules of Appellate Procedure, that the petition is denied.
DATED: Honolulu, Hawai`i, October 9, 2002.
1. Although Hawai`i Administrative Rules § 2-51-70 appears to be the applicable administrative rule, it does not address "special circumstances" in which the statutory time limits may be waived by the Chief Election Officer.