Supreme Court blocks Native Hawaiian election vote count

The group suing to stop the election appealed a district court's ruling allowing voting to proceed.

University of California Irvine election law expert Rick Hasen said it's "very unusual" for the high court to enjoin the counting of votes during an ongoing election.

There have been cases where the court has stopped elections from going forward, Hasen said, "but it's hard to think of a situation where the court says 'keep the voting going, but don't count the votes or announce the results.'"

Justice Anthony Kennedy on Friday issued a temporary stay blocking the vote count and stopping certification of any winners pending further direction from him or the entire court.

"The U.S. Supreme Court decision to uphold Justice Kennedy's injunction halting a Hawaii state-sponsored, race-based election is a victory for the Constitution and the Aloha Spirit," Kelii Akina, one of the Native Hawaiian plaintiffs, said in a statement.

The lawsuit points to nearly $2.6 million from the Office of Hawaiian Affairs, a public agency tasked with improving the wellbeing of Native Hawaiians, as evidence of the state's involvement.

U.S. District Judge J. Michael Seabright in Honolulu ruled in October the purpose of the private election is to establish self-determination for the indigenous people of Hawaii.