Hawaii Elections Commission creates investigative panels after weeks of public complaints about ballot chain of custody; subpoena motion tied 4-4

The Hawaii Elections Commission on Feb. 19 voted to form two permitted-interaction groups (PIGs) to collect information and documents related to public complaints alleging breaks in the chain of custody for mail ballots and discrepancies in vote totals on Kauai and the island of Hawaii. The vote followed more than two hours of public testimony and a series of motions, including a failed 4-4 attempt to subpoena ballot batch reports from the 2022 general election.

Public commentators urged the commission to investigate whether envelopes counted at county-level signature verification matched ballots reported by the state, and to require counties to produce chain-of-custody records. "These are official complaints," said Andy Crossland, a member of the public who asked the commission to open investigations into mismatched counts and chain-of-custody procedures. Jamie Detwiler, a former 2022 candidate who served as an official election observer, told commissioners the timeline for responding to audit requests had been slow and that communication from the Office of Elections needed to improve: "it just kept getting dragged out," he said.

Why it matters: Commissioners and observers told the meeting the issues raised affect public confidence in elections and, in some cases, raise statutory questions about how ballots were handled and certified. Several speakers asked whether the Office of Elections and county clerks are keeping the physical and electronic records required by state law and administrative rules; one commissioner, Ralph Cushni, said county records show a large shortfall on the Big Island, asserting "They are 19,042 ballots short of documentation." If substantiated, those gaps could affect reconciliation required by state statute before certification.

Most important facts first: The commission voted to form two permitted-interaction groups to investigate (1) chain-of-custody complaints on Kauai and (2) alleged election-result discrepancies on the island of Hawaii. The roll call on creating the PIGs produced a 7-1 vote in favor (Commissioners Andrion, Aquino, Cushni, McAdam, Osterkamp, Papalimu and Chair Curtis recorded votes in the roll call; Commissioner Kawada voted no; one commissioner was excused). A motion to subpoena ballot batch reports for the 2022 general election, offered to support the House District 37 audit, ended in a 4-4 tie and therefore failed.

What commissioners and testifiers said: Testifiers described inconsistencies in how counties count returned ballot envelopes, how many envelopes are logged at collection points, and whether observers can verify counts at each stage of transfer to state counting centers. "Chain of custody tracks ballots, and signature verification ensures ballots were cast by eligible voters," said Nolan Chang, Hawaii Republican Party national committeeman, recommending that counties provide physical envelope inventories and allow observers to verify envelope counts rather than only tray counts. Several observers and testifiers said county staff told them counting envelopes at pickup or at drop boxes was "too time-consuming," meaning only tray counts were recorded.

Official actions and next steps: Commissioners directed the two PIGs to gather documentation from complainants, county clerks and the Office of Elections and to report back with findings and recommendations at a future meeting. The PIGs cannot unilaterally compel documents; the commission's attorney clarified the PIGs may recommend subpoenas, but any subpoena would have to be authorized by a future commission vote using the commission's statutory subpoena power.

Votes at a glance - Formation of permitted-interaction groups to investigate chain-of-custody complaints (Kauai) and election-result discrepancies (Big Island): Passed (roll call shows seven in favor, one opposed; one commissioner excused). Outcome: approved; next step: PIGs to collect documentation and report back. - Motion to subpoena all ballot batch reports for the 2022 general election: Tie 4-4 — failed. Yes: Commissioners Andrion, Aquino, Cushni, Papalimu. No: Commissioners Kawada, McAdam, Osterkamp, Chair Curtis. Outcome: failed (motion died on tie).

Context and follow-up: Testifiers named counties where they say records are incomplete or absent: Kauai (discrepancies between county-collected envelope counts and state totals), Maui (testifiers said some transfer forms were missing), Honolulu (testifiers said drop-box collections were logged but not reconciled by envelope counts) and the island of Hawaii (large documentation shortfall cited by a commissioner). Chief Election Officer Scott Nago provided a multi-hundred-page packet to the commission before the meeting; commissioners and public commenters said more time was needed to review that material. The deputies to the commission reminded commissioners that any subpoena authority the PIGs request would need separate commission action.

Ending: The PIGs are expected to review the complaints and return to the commission with evidence and recommendations. Commissioners and public members said they expect the groups to ask for specific records — including postal receipts, transfer logs and batch reports — and to recommend subpoenas if necessary. The commission did not set a firm deadline at the meeting; commissioners said those details would be established when the PIGs begin their work.