Crazy #10
HI HD-43Hawaii
The Easter Egg Election
An 842-842 tie, a lauhala basket, two misassigned ballots and a Supreme Court order. The Kapolei rerun is a Republican “primary” that every voter gets to decide.
Kanani Souza lost her seat in the Hawaii House of Representatives on August 15th when the state's chief election officer, eyes averted, reached into a woven basket and pulled out a plastic egg with her opponent's name inside. Three weeks later the Hawaii Supreme Court gave her an opportunity to win it back.
House District 43 covers Kapolei and Makakilo on Oahu's west side, and it is one of the few places Republicans have made gains in Hawaii this decade. Kanani Souza (R), an attorney and former Honolulu deputy prosecutor, flipped the seat in 2022 by ousting Democratic incumbent Stacelynn Eli 55.5% to 44.5%. In 2024 she turned back a Republican primary challenge from Sheila Medeiros, a retired Army lieutenant colonel and former legislative staffer, 58% to 42%, and then faced no Democrat at all in November in a district that voted for President Biden in 2020 but voted for President Trump in 2024 by 2.5%. In 2026, once again, no Democrat filed. That meant the August 8th Republican primary rematch between Souza and Medeiros was, in effect, the election.
Election night printouts had Souza ahead 841 to 840, the closest race in the state. An automatic recount kept her up by one. Then the five-day window for voters to cure signature problems on their mail ballots added 30 more votes, and the count landed at 842 to 842, Hawaii's first primary tie since 1988. Under state law a tie is broken by lot. So on August 15th, in a basement auditorium at the Capitol in front of about 25 people, an elections specialist printed each name, folded it three times, sealed it inside an Easter-egg-style capsule, dropped both into a lauhala basket and shook it. Chief Election Officer Scott Nago drew Medeiros. The same ceremony, minutes apart, also ousted Senator Kurt Fevella in favor of Bob McDermott in a 1,212-1,212 tie in Senate District 20. Even the winner was unimpressed: "It's like gambling. We just chanced it," Medeiros said.
Souza, representing herself, filed a 144-page election contest with the Supreme Court on the last possible day. She alleged the eggs had not been shuffled, that the drawing procedure had never been adopted as a rule, that the "by lot" statute itself is unconstitutional, and that a two-ballot overage in Precinct 43-03 had never been reconciled. That last point turned out to be the one that mattered to the court. On September 1st the City and County of Honolulu admitted that two Ewa Beach walk-in voters registered in Precinct 40-03 had been handed District 43 ballots at Kapolei Hale on primary day. The city flagged the error to the state that same day. The state elections office did not notice until after it had already broken the tie. At the September 2nd hearing, Nago told the justices that "in our minds, the results are the results" and conceded there was no written rule for tiebreakers at all.
On September 4th the court threw out the result. "A tie must be real before it can be broken," Justice Todd Eddins wrote; two stray ballots in a race decided by zero votes meant the state had never established one. The justices also held that the egg-and-basket procedure was an unpromulgated rule that should have gone through public notice and comment, and ordered Nago to write one. The remedy to all of this was controversial.
The court ordered a new election between Souza and Medeiros on the November 3rd general election ballot, in a separate section labeled "Republican Party Voters Only." Hawaii has no party registration, so every District 43 voter can mark it. Justices Eddins and Sabrina McKenna dissented on the remedy, arguing it conflicts with state election law and that a stand-alone rerun after November would have been cleaner; the court denied both candidates' motions to reconsider on September 16th and 17th. Fevella's parallel petition in SD-20 was tossed as untimely, so McDermott's egg-draw win stands.
The result is a general election that is technically a party primary and functionally neither. Souza worries the "Republicans only" label will scare off the non-Republican voters she needs in a district that turned out only 1,684 primary voters; Medeiros argues it is unfair for general-election voters to settle a GOP nomination but says she will compete. Civil Beat's Chad Blair has reported that the ruling may still conflict with state law, and an Elections Commission member has called for Nago's firing. Our forecast still scores the seat as a certain Republican hold, which it is, in the narrow sense that both names on the ballot are Republicans. Imagine if it ties again. There is no way to forecast the winner in a race like this one, and we are not going to pretend otherwise.
