Hawaii Supreme Court Weighs Tommy Waters’ Third Term Eligibility
Hawaii Supreme Court considers if Tommy Waters can run for a third Council term under the two-term limit.
Why it matters: This ruling will clarify how Honolulu’s two-term limit applies, affecting election eligibility and challenges in Hawaii’s municipal politics.
- Tommy Waters took office May 6, 2019, after a special election and was re-elected in November 2022.
- Circuit Court Judge James Ashford ruled Waters ineligible for a third term in July 2026, citing the two-term limit.
- The Supreme Court heard arguments on August 25, 2026; a ruling is due by August 28.
- The case centers on whether Waters’ partial term counts as a full term under the City Charter.
On August 25, 2026, the Hawaii Supreme Court heard arguments whether Honolulu City Council Chair Tommy Waters can run for a third consecutive four-year term.
Waters first took office on May 6, 2019, after winning a special election following the invalidation of the 2018 election results by the state Supreme Court. He was then re-elected in November 2022.
The legal core question is whether Waters’ partial first term counts as one of the two consecutive four-year terms allowed by the Honolulu City Charter.
In July 2026, Circuit Court Judge James Ashford ruled Waters ineligible to run again. Ashford emphasized that the charter’s intent limits service to eight years total, regardless of partial or full terms. He stated, "Allowing a council member to serve longer than eight years goes against voters' intent in 2016."
Waters’ legal team argued the initial term was partial since it was less than four years, so it shouldn’t count as a full term under the charter. Attorney Joseph Stewart told the court, "Four years is four years, and anything less is not a full term." Attorney Thomas Otake highlighted voter choice, mentioning the 8,654 ballots Waters received.
Acting Chief Justice Sabrina McKenna, referencing the court’s typical stance to favor ballot access, said, "If there’s doubt, let the voters decide." This may weigh on the court’s final decision.
The Supreme Court must issue a ruling by August 28, 2026. The outcome will clarify how term limits apply in cases involving special elections and partial terms, shaping future election eligibility and legal challenges in Hawaii.
By the numbers:
- May 6, 2019 — Tommy Waters assumed office after special election
- November 2022 — Waters re-elected for a second term
- July 2026 — Circuit Court ruled Waters ineligible for a third term
- August 25, 2026 — Hawaii Supreme Court heard oral arguments
- August 28, 2026 — Supreme Court ruling expected
Yes, but: While the charter aims to limit council members to eight continuous years, the interpretation of partial terms remains unsettled and could have broader implications.
What's next: The Supreme Court’s decision due August 28 will set precedent for how partial terms count under Honolulu’s two-term limit.