Honolulu Council Chair Tommy Waters may be ineligible to run for reelection this year, according to a court verdict Monday.
Waters, who has been on the council since 2019 and was reelected in 2022, is running for a third consecutive term this year, representing Council District 4, including Hawai‘i Kai, Kaimukī and Waikīkī. Three others pulled papers to challenge Waters’ campaign: Tara Malia Gregory, Jason Liang and Trevor Ozawa.
But Ozawa filed a lawsuit against Waters in June, arguing that the Honolulu City Charter limits council members to two terms, and that Waters is consequently ineligible to run again.
On Monday, First Circuit Court Judge James Ashford ruled in favor of Ozawa, preventing Waters from continuing his campaign.
The Charter states that “no person shall be elected to the office of councilmember for more than two consecutive four-year terms.” However, Waters’ first election in 2019 was a special remedial election, triggered after the Hawai‘i Supreme Court invalidated the 2018 election results; Ozawa, then the incumbent, had initially seemed to defeat Waters by only 22 votes.
According to Ozawa’s suit, acting City Clerk Chadd Kadota — named alongside Waters and state Election Officer Scott Nago as a co-defendant — declined to take any action after Ozawa objected to Waters’ 2026 run. Kadota’s preliminary determination seemed to conclude that Waters’ first term “commenced on May 6, 2019,” which Ozawa argued is not how the City Charter determines when terms begin.
Ozawa’s suit argued that the Charter clearly states that a council member’s term begins on the second day of January following the election, irrespective of when the council member is sworn in. Furthermore, it notes that then-governor David Ige’s proclamation ordering the 2019 special election makes no mention of a shortened term or anything that would place Waters’ start date anywhere other than Jan. 2, 2019.
Ozawa’s suit also quotes Waters saying in June that he will “give it a shot” and “see what happens” whether he is legally eligible to run.
“A candidate with a clear legal right to appear on the ballot does not describe his own eligibility as something to ‘give a shot’ and ‘see what happens,’” the suit reads.
Nonetheless, Waters said in a statement Monday that he will appeal the court’s verdict.
“We plan to file an appeal because, given the broader implications this case has for Honolulu’s governance, we believe review by the Court of Appeals is appropriate,” read Waters’ statement. “I believe that the voters should have the ultimate decision come Election Day. My focus, however, remains unchanged, and I remain committed to serving the people of Honolulu and fulfilling the responsibilities the voters entrusted me with for the remainder of this term.”
The primary election takes place Aug. 8. Waters’ name is already on the ballot.
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