NO. CAAP-18- IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAIʻI

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1 Electronically Filed Intermediate Court of Appeals CAAP SEP :03 AM NO. CAAP-18- IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAIʻI CITY AND COUNTY OF HONOLULU, COUNTY OF HAWAIʻI, COUNTY OF MAUI, COUNTY OF KAUAʻI, vs. Plaintiffs-Appellants, DAVID Y. IGE, GOVERNOR, STATE OF HAWAIʻI, in his official capacity; DOUGLAS S. CHIN, LIEUTENANT GOVERNOR, STATE OF HAWAIʻI, in his official capacity; F.M. SCOTTY ANDERSON, CHAIRPERSON, ELECTIONS COMMISSION, in his official capacity; SCOTT T. NAGO, CHIEF ELECTION OFFICER, in his official capacity, CIVIL NO (JPC) (Declaratory Judgment; Injunctive Relief) APPEAL FROM THE: FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER DENYING PLAINTIFF COUNTIES MOTION FOR PRELIMINARY INJUCTION, FILED ON AUGUST 31, 2018 FIRST CIRCUIT COURT HONORABLE JEFFREY P. CRABTREE Judge Defendants-Appellees. PLAINTIFFS-APPELLANTS COUNTIES NOTICE OF APPEAL EXHIBIT 1 & 2 CERTIFICATE OF SERVICE

2 DONNA Y. L. LEONG, 3226 Corporation Counsel ROBERT M. KOHN, 6291 NICOLETTE WINTER, 9588 Deputies Corporation Counsel City and County of Honolulu 530 South King Street, Room 110 Honolulu, Hawaiʻi Tel.: (808) Fax: (808) Attorneys for Plaintiff-Appellant CITY AND COUNTY OF HONOLULU JOSEPH K. KAMELAMELA, 2493 Corporation Counsel LAUREEN L. MARTIN, 5927 Deputy Corporation Counsel County of Hawaiʻi 101 Aupuni Street, Unit 325 Hilo, Hawaiʻi Tel.: (808) Fax: (808) Attorneys for Plaintiff-Appellant COUNTY OF HAWAIʻI PATRICK WONG, 5878 Corporation Counsel BRIAN A. BILBERRY, 7260 Deputy Corporation Counsel County of Maui 200 South High Street Wailuku, Hawaiʻi Tel. : (808) Fax: (808) Pat.Wong@co.maui.hi.us Brian.Bilberry@co.maui.hi.us Attorneys for Plaintiff-Appellant COUNTY OF MAUI MAUNA KEA TRASK, 8418 County Attorney MATTHEW M. BRACKEN, First Deputy County Attorney County of Kauaʻi 4444 Rice Street, Suite 220 Lihue, Hawaiʻi Tel. No.: (808) Fax: (808) mtrask@kauai.gov mbracken@kauai.gov Attorneys for Plaintiff-Appellant COUNTY OF KAUAʻI

3 PLAINTIFFS-APPELLANTS COUNTIES NOTICE OF APPEAL NOTICE IS HEREBY GIVEN THAT Plaintiffs-Appellants City and County of Honolulu, County of Hawaiʻi, County of Kauaʻi, and County of Maui (collectively Counties ), pursuant to H.R.S , 641-1(b), and Rules 3 and 4 of the Hawaiʻi Rules of Appellate Procedure, hereby appeal to the Intermediate Court of Appeals of the State of Hawaiʻi from the Circuit Court of the First Circuit s Findings of Fact, Conclusions of Law and Order Denying Plaintiff Counties Motion for Preliminary Injunction, filed on September 20, 2018, a certified copy of which is attached as Exhibit 1. Also, the Circuit Court s Order (1) Certifying Findings of Fact, Conclusions of Law (motion filed 8/31/18), and Order Denying Plaintiff Counties Motion for Preliminary Injunction for Interlocutory Appeal and (2) Staying Proceedings Pending Appeal, filed on September 21, 2018, is attached as Exhibit 2 (certified copy). DATED: Honolulu, Hawaiʻi, September 27, DATED: Hilo, Hawaiʻi, September 27, DONNA Y. L. LEONG Corporation Counsel By /s/ Robert M. Kohn ROBERT M. KOHN NICOLETTE WINTER Deputies Corporation Counsel Attorneys for Plaintiff-Appellant CITY AND COUNTY OF HONOLULU JOSEPH K. KAMELAMELA Corporation Counsel By /s/ Laureen L. Martin LAUREEN L. MARTIN Deputies Corporation Counsel Attorneys for Plaintiff-Appellant COUNTY OF HAWAIʻI

4 DATED: Wailuku, Hawaiʻi, September 27, DATED: Lihue, Hawaiʻi, September 27, PATRICK WONG Corporation Counsel By /s/ Brian A. Bilberry BRIAN A. BILBERRY Deputy Corporation Counsel Attorneys for Plaintiff-Appellant COUNTY OF MAUI MAUNA KEA TRASK County Attorney By /s/ Matthew M. Bracken MATTHEW M. BRACKEN First Deputy County Attorney Attorneys for Plaintiff-Appellant COUNTY OF KAUAʻI - 2 -

5 EXHIBIT "1"

16 EXHIBIT "2"

22 No. CAAP IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAIʻI CITY AND COUNTY OF HONOLULU, COUNTY OF HAWAIʻI, COUNTY OF MAUI, COUNTY OF KAUAʻI, vs. Plaintiffs-Appellants, DAVID Y. IGE, GOVERNOR, STATE OF HAWAIʻI, in his official capacity; DOUGLAS S. CHIN, LIEUTENANT GOVERNOR, STATE OF HAWAIʻI, in his official capacity; F.M. SCOTTY ANDERSON, CHAIRPERSON, ELECTIONS COMMISSION, in his official capacity; SCOTT T. NAGO, CHIEF ELECTION OFFICER, in his official capacity, CIVIL NO (JPC) (Declaratory Judgment; Injunctive Relief) APPEAL FROM THE: FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER DENYING PLAINTIFF COUNTIES MOTION FOR PRELIMINARY INJUCTION, FILED ON AUGUST 31, 2018 FIRST CIRCUIT COURT HONORABLE JEFFREY P. CRABTREE Judge Defendants-Appellees. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the date noted below, a true and correct copy of the foregoing was duly served upon the following at their last known address via Judiciary Electronic Filing and Service System (JEFS): RUSSELL A. SUZUKI, ESQ. Russell.A.Suzuki@hawaii.gov Attorney General PATRICIA T. OHARA, ESQ. Patricia.T.Ohara@hawaii.gov VALRI L. KUNIMOTO, ESQ. Valri.L.Kunimoto@hawaii.gov Deputy Attorneys General Department of the Attorney General, State of Hawaiʻi 425 Queen Street Honolulu, Hawaiʻi Attorneys for Defendants-Appellees DAVID Y. IGE, DOUGLAS S. CHIN, F.M. SCOTTY ANDERSON, SCOTT T. NAGO

23 AARON H. SCHULANER, ESQ. Office of Elections 802 Lehua Avenue Pearl City, Hawaiʻi Attorney for OFFICE OF ELECTIONS DATED: Honolulu, Hawaiʻi, September 27, DONNA Y. L. LEONG Corporation Counsel By /s/ Robert M. Kohn ROBERT M. KOHN NICOLETTE WINTER Deputies Corporation Counsel Attorneys for Plaintiff-Appellant CITY AND COUNTY OF HONOLULU - 2 -

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAI`I

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAI`I Of Counsel: ALSTON HUNT FLOYD & ING Attorneys at Law A Law Corporation PAUL ALSTON 1126 LORI K. STIBB 9670 1001 Bishop Street, Suite 1800 Honolulu, Hawai`i 96813 Telephone: (808) 524-1800 Facsimile: (808)