The Honolulu Elections Division on Saturday advised that Tommy Waters, chair of the Honolulu City Council, is ineligible to be elected for another term.

Because ballots had already been printed before a Circuit Court’s ruling Monday, Waters’ name will still appear on ballots issued for the Council District 4 contest.

The primary is Saturday, and the elections division said it “is not practicable” to remove his name from ballots that have already been printed, assembled or distributed. Nor will voters who have already voted be able to redo their ballots.

But the votes already cast for Waters, now officially disqualified, will still be counted but only for the purpose of determining whether an eligible candidate has received a majority of the votes counted in the first special election. The other candidates in the nonpartisan race are Trevor Ozawa, Jason Liang and Tara Malia Gregory.

Counting Waters’ votes is only for the purpose, the elections division explained, of determining whether an eligible candidate has received a majority of the votes counted.

If one of the three remaining candidates in the race receives a majority of the vote Saturday — it’s referred to as “50% plus one” rule — that person wins the race outright. If not, the top two finishers advance to the Nov. 3 general election.

(Votes left blank or instances when a voter chooses more than one candidate — an overvote — are not part of that calculation.)

“We recognize that this decision is frustrating for many voters, particularly those who have already returned their ballot,” Acting City Clerk Chadd Kadota said in a press release. “Our responsibility is to faithfully administer elections in accordance with the law and the orders of the court.”

The press release said division officials worked with Corporation Counsel, the city’s legal team, “to carefully review the court’s order, the City Charter, and applicable state election law before announcing how the election would be conducted.”

“We appreciate the public’s patience as that review was completed and remain committed to conducting this election fairly, transparently, and consistently for every voter,” Kadota said.

It was Ozawa, a former city councilman, who led the legal challenge to remove Waters from the 2026 ballot. Circuit Court Judge James Ashford accepted Ozawa’s argument that the city charter limits council members to two consecutive four-year terms.

For his part, Waters believed he was eligible for a third consecutive term this year because his first term began late and so did not amount to a full four years.

Waters filed a notice of appeal on Friday. He later sent this statement to Civil Beat via text:

“We acknowledge that the City Clerk is responding to the Circuit Court’s ruling. I am concerned about the thousands of voters who have already cast their ballots. They deserve to have their voices recognized.

“We strongly oppose the court’s ruling and are actively gathering information for our appeal. This issue transcends any single candidate. It is now about defending voter trust and the integrity of the democratic election process. I will pursue every possible option to ensure the City Charter is interpreted consistently and that the people of District 4 are heard.”

Rex Quidilla, the city’s elections administrator, said his office could not comment due to “pending litigation.”

The current dispute dates back to the Ozawa-Waters race in the 2018 general election, when they ran against each other for the same City Council seat. The race was very close, and Waters, who lost, challenged the results in court. The Hawaiʻi Supreme Court then ruled in his favor, setting up a special election between the two opponents in April 2019, which Waters won.

The Council District 4 election remains underway, and the elections division encourages voters who have not yet voted to cast their ballot before the deadline.

Voted mail ballots must be received by the Office of the City Clerk no later than 7 p.m. Saturday.