Here鈥檚 a riddle: How is the Hawaii voter recount law like the new Hawaiian Telcom phone book?

Answer: Both are pieces of junk that have just landed with a big thud.

The phone book is as useless as Mike Pence in an improv group.听The same goes for the state鈥檚 recount law, as the Hawaii Supreme Court鈥檚 convoluted and torturously long adventures with the election challenges of Tommy Waters and Matt Lopresti demonstrate.

But here is another riddle: What鈥檚 the difference between the phone book and the recount law?

Answer: The people who create the phone book want it to be used. The recount law was created to keep people from using it.

Wrapped up in legal procedure and legalistic language, it provides obstacles rather than opportunities.听 It builds a wall.

Supreme Court. Aliiolani Hale. Supreme Court justices hear arguments from Brian Black, Civil Beat Law Center and Deputy Corporation Counsel Duane Pang. 1 june 2017
Hawaii’s ungainly election recount law is resulting in the state’s final election result unfolding ever so slowly at the Supreme Court. Cory Lum/Civil Beat

About That Phone Book

鈥淭hrow it away,鈥 my wife said last week before I even brought in the new Hawaiian Telcom 2019 directory that had just thumped onto our sidewalk.

As a writer in Slate put it, new phone books are now regularly 鈥渓eft to pulp out in the rain and abandoned in mountainous mailroom piles.鈥

Why? Because the phone book doesn鈥檛 give you phone numbers, at least the ones you really need. There are no cell phone listings. That is prohibited by law.

Social media has become a much better and available source of information in all kinds of ways for all sorts of reasons.

Besides, those paper behemoths are such a colossal waste of resources. Factoid: it took almost 50,000 trees to produce the 2008 Portland directory.听And phone books are hard to recycle.

A number of cities discourage phone book mass production. Verizon in New York City has pretty much .

The Recount Law Is Worse

The recount law is more cumbersome and irrelevant than the phone book.

The law is also a huge devourer of natural resources, but in this case the resources are people rather than trees, and time rather than paper.

You want cumbersome? Consider what’s happened with the recent challenges.

Voters cast their vote at Farrington High School.
Hawaii voters cast their general election ballots Nov. 6 or earlier, but they still don’t know for sure who won a certain Honolulu City Council race. Cory Lum/Civil Beat

Lopresti was behind in his state Senate race and Waters in his Honolulu City Council race Nov. 6 by听margins of less than 1 percent. Both took their cases to the Supreme Court.

The court has denied Lopresti鈥檚 request, but it took eight weeks.听The 2000 Bush-Gore presidential election controversy was settled in half that time.

And the Waters case is ongoing, preventing the Honolulu City Council from beginning the new year with a full complement of members.

The phone book is unwieldly, but at least using it depends on a simple formula, which of course is the alphabet 鈥 Milner comes before Zilner.

The voter law also uses the ABC鈥檚 as its guide, but here ABC stands for 鈥淎nything But a Challenge.鈥

Hawaii鈥檚 voter recount law鈥檚 basic problem is that from the beginning it turns a simple math issue into a convoluted, inaccessible legal one.

States with automatic recount laws make it initially simple and automatic. If the margin of victory is extremely close, typically within 1 percent, there is a recount.听It鈥檚 based on your old algebra teacher鈥檚 still valuable adage: 鈥渃heck your work.鈥

And that鈥檚 it. No questions asked, nothing about proof of corruption or malfeasance.听No lawyers — of which, by the way, there are 46 pages of listings in the new phone book — are needed.

Hawaii鈥檚 law requires a petition to the Hawaii Supreme Court to ask for a recount.

Hoo ha, a petition! And the petitioner has to, as the statute says, 鈥渟et forth causes鈥 for granting it.

I鈥檓 pretty sure that when us ordinary folks ask someone why they did something, we don鈥檛 ask them to 鈥渟et forth causes.鈥

But you鈥檙e in Legal Land now, baby, where things get messy, convoluted and wasteful, as the process takes you down a deep, dark tunnel.

States with automatic recount laws make it initially simple and automatic. If the margin of victory is extremely close, typically within 1 percent, there is a recount.听It鈥檚 based on your old algebra teacher鈥檚 still valuable adage: 鈥渃heck your work.鈥

Don鈥檛 blame the court. It鈥檚 doing what the law requires.

The petition puts the person (now officially the petitioner) in an adversarial situation because in effect he or she is blaming someone for messing up. That鈥檚 what 鈥渟et forth causes鈥 means.

And your adversaries, say the county clerk’s office or the state Office of Elections, are going to do what any rival side in a legal case does 鈥 delay, cooperate as little as possible, and mount a full-on legal defense.

Meanwhile, the votes don鈥檛 get recounted because everyone is arguing over whether they should even be recounted.

Look, even a no-fault recount could ultimately turn into a big-deal legal case if a dissatisfied losing candidate wants to claim malfeasance.That is what is happening right now with the contested North Carolina congressional election, but that one is exceptional.

But an automatic, publicly funded recount law is an easy first step. And it shows respect for government accountability rather than fear of citizen disruption.

Leave It Out To Pulp

In 1906, Jews in Trenton, New Jersey threatened to boycott Bell Telephone over , 鈥淔ree From Hebrews and Tuberculosis Patients.鈥

Times change. Ads like that have disappeared. In fact over the years the phone book has adjusted to changing times. And it’s ironic that the next such adjustment will be the phone book鈥檚 demise.

As for the recount law鈥檚 adjustment to changing times, we should be so lucky. And maybe we will be.听听 Last session the state Senate passed an automatic recount law, but the House took no action.

It鈥檚 time to abandon the recount law and leave it to pulp out in the rain.

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About the Author

  • Neal Milner
    Neal Milner is a former political science professor at the University of 贬补飞补颈驶颈 where he taught for 40 years. He is a political analyst for KITV and is a regular contributor to Hawaii Public Radio's His most recent book is Opinions are the author's own and do not necessarily reflect Civil Beat's views.