Aloha,
My name is Ralph Cushnie, and I serve on the Hawaii State Elections Commission.
I’m writing to you today because after years of the public raising concerns about the chain of custody of ballots, the Elections Commission — and especially its Chair — has failed to act. That’s why I filed a petition for declaratory judgment in the 5th circuit court on the Island of Kauai to force a legal resolution on one simple but crucial question: When does chain of custody begin?
The law is clear. Hawaii statutes and administrative rules require counties to keep a complete and current count of how many ballots were received from drop boxes and the post office. That count from the collections should then be compared to how many ballots the state reports counting at the state counting center. There should be no way the state can report counting more ballots than the counties collected.
But that is not what is happening.
Scott Nago, the Chief Election Officer, claims that chain of custody doesn’t begin when ballots are received by the counties, but rather states that it begins at signature verification, Signature verification is distinctly different from chain of custody. Signature verification is a voter authentication process that compares the signature on a voter’s return envelope to the signature on file in the statewide voter registration system. Chain of custody ensures ballots are securely transferred and logged from collection points until they arrive at the state counting center to be counted. The purpose of chain of custody is to ensure ballots are not added or subtracted from the count.
Meanwhile, the actual chain of custody records that were kept tells a troubling story:
The office of elections will not release any records from the statewide voter registration system.
When ballots were transferred from the counties to the state counting center:
According to the documentation that we have been given, ballots are being inserted electronically during the signature verification process where observers are not allowed to witness. This isn’t how secure elections are supposed to work. Without proper tracking documentation from the moment ballots are received from drop boxes and the post office , and when they are transported there is no way to verify the integrity of the vote. How is it possible for the state to report counting more ballots than the counties collected?
When the Chief Election Officer and Counties avoid transparency, and the Elections Commission refuses to hold anyone accountable, the system breaks down. That’s why I filed this petition — because public trust depends on clear laws, honest records, and accountability. Please follow this petition and how it is addressed by the courts. The laws allowing elections by mail are not being followed.
Mahalo for listening. Stay engaged. Your vote deserves protection — from beginning to end.
Thank You,
Ralph Cushnie
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