- Tommy Waters has been ruled ineligible for a third consecutive term as Honolulu City Council Chair by the Hawaii Supreme Court, which ordered Trevor Ozawa and Tara Malia Gregory to advance to the November general election for District 4.
- The court concluded that Waters was elected to the 2019-2023 and 2023-2027 four-year terms, making him ineligible for the 2027-2031 term.
- In the Aug. 8 primary, Waters received 8,654 votes (28.2%), while Ozawa led with 12,252 votes (39.9%), and Gregory received 4,212 votes (13.7%).
- The Hawaii Supreme Court ruled 3-2 that Waters has already met his two-term limit, invalidating his primary votes.
- Tommy Waters first took office in May 2019 after winning a special election and was later elected to the 2019-2023 and 2023-2027 terms.
- In June, Trevor Ozawa filed a lawsuit challenging Waters' eligibility for a third term.
- Circuit Judge James Ashford ruled on July 27 that Waters was ineligible, but Waters remained on the Aug. 8 primary ballot.
The Hawaii Supreme Court ruled 3-2 that Council Chair Tommy Waters has reached his two-term limit, disqualifying him from the 2027-2031 term. The court's decision allows Trevor Ozawa and Tara Malia Gregory to advance to the November general election for Council District 4.12345678
Waters, who first took office in May 2019, argued that his initial service should not count toward the two-term limit. However, the court concluded that he was elected to two consecutive four-year terms, thus making him ineligible for re-election. “The term limit provision in Revised Charter 3-102 is not based on the amount of time ‘served’,” the ruling stated.
Waters expressed disappointment but acknowledged the court's role in providing clarity to voters. “While the outcome is difficult, our system of democracy depends on respect for the rule of law,” he said.
The ruling stemmed from a legal dispute initiated by Ozawa, who challenged Waters' eligibility. The court noted that Ozawa's lawsuit should have been dismissed as it did not follow proper procedures for contesting a candidate's eligibility.
Ozawa welcomed the decision, stating, “The voters needed clarity in this whole situation.” Gregory also expressed excitement about continuing her campaign, noting that the controversy has inadvertently boosted her visibility.
The court's decision raises questions about future council leadership and the electoral process, as it clarifies the eligibility criteria for candidates under the city charter.
The court was divided, with dissenting opinions arguing that Waters should have been allowed to run. “The majority’s decision determining Waters ineligible is not only erroneous as a matter of law,” wrote Acting Chief Justice Sabrina McKenna in her dissent.
“The 3-2 ruling, authored by Associate Justice Lisa Ginoza, held that Waters' election to the 2019-2023 and 2023-2027 terms triggered the two-term limit, despite his argument that his initial service was incomplete. Dissenting Acting Chief Justice Sabrina McKenna argued the decision violates representative democracy, while Waters expressed disappointment but respect for the rule of law.”
Honolulu Civil Beat
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