Full Breakdown
Hawaii Supreme Court Bars Council Chair Tommy Waters from Third Term
8/29/2026, 8:09:45 AM
Supreme Court Ruling Ends Waters’ Re-Election Bid
In a 3-2 decision, the Hawai‘i Supreme Court held that Honolulu City Council Chair Tommy Waters has reached the two-consecutive-term limit set by the city charter and is ineligible to appear on the November general-election ballot for District 4 (East Honolulu). The majority opinion, authored by Associate Justice Lisa Ginoza, applied Revised Charter § 3-102 to any elected four-year term, regardless of swearing-in date. The court ordered the two highest-vote-getters from the August primary—Trevor Ozawa and Tara Malia Gregory—to advance to the November contest.
Background: Charter Term Limits and Prior Litigation
The charter provision states, “No person shall be elected to the office of council member for more than two consecutive four-year terms.” Waters entered council after a May 2019 special election and argued that should not count as a full term. After winning the 2023-2027 term, he filed to run again for 2027-2031. Supporters sued, and Ozawa filed a separate challenge in June. Lower-court Judge James Ashford ruled on July 27 that Waters was ineligible, a decision issued days before the primary. The Supreme Court reviewed the case and rejected Waters’ eligibility claim.
Election Results Nullified
In the August primary, Waters received 8,654 votes (? 28 %). Ozawa led with 12,252 votes (? 40 %), Gregory earned 4,212 votes (? 14 %), and Jason Liang garnered 2,674 votes (? 9 %). The ruling invalidates Waters’ vote total and confirms Ozawa and Gregory as the November candidates.
Official Statements & Responses
Waters issued a written statement expressing disappointment, thanking the justices for a swift decision and affirming respect for the rule of law. Gregory welcomed the clarification, saying it allows her to refocus on campaigning. The court’s opinion highlighted that Waters was elected to two consecutive four-year terms, satisfying the charter’s limit.
Criticism & Opposition
Attorney Lance Collins warned that the ruling underscores the “unreviewable power” of the city clerk in ballot eligibility decisions, calling the situation “troubling” and urging state lawmakers to amend the law. Observers note that the charter’s term-limit language is ambiguous and needs clearer statutory guidance.
Data & Statistics
- Term-limit provision: No more than two consecutive four-year terms.
- Primary vote totals: Ozawa 12,252 (? 40 %); Waters 8,654 (? 28 %); Gregory 4,212 (? 14 %); Liang 2,674 (? 9 %).
- Ballot anomalies: 2,734 blank votes; 210 overvotes.
- Court composition: Majority—Justices Lisa Ginoza, Peter Cahill, Peter Kubota; Dissent—Acting Chief Justice Sabrina McKenna, Judge Michael Soong.
Verbatim Quotes
- “If there’s a question, let the person be on the ballot and let the voters decide. Why shouldn’t we follow that principle?” — Justice Sabrina McKenna
- “The voters needed clarity in this whole situation, and so very relieved that the voters can now have some clarity, and we know who’s moving forward, till November.” — Trevor Ozawa
- “ Ozawa also said, “Thank you to the court for hearing it quickly.” — Tara Malia Gregory
What’s Next
Ozawa and Gregory will appear on the November ballot for District 4. The council will also need to select a new chair after Waters’ term ends in January, prompting internal leadership discussions among remaining councilmembers.
