Electronically Filed Supreme Court SCEC-XX-XXXXXXX 07-FEB-2019 01:24 PM SCEC-XX-XXXXXXX IN THE SUPREME COURT OF THE STATE OF HAWAI#I

MATTHEW S. LOPRESTI, Plaintiff, vs. STATE OF HAWAI#I; SCOTT T. NAGO, as Chief Election Officer for the State of Hawai#i; and OFFICE OF ELECTIONS, State of Hawai#i, Defendants.

ORIGINAL PROCEEDING ORDER DISMISSING MOTION FOR RECONSIDERATION (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Upon consideration of plaintiff Matthew S. LoPresti’s motion for reconsideration, filed on January 30, 2019, the declaration and attachment that were filed on February 1, 2019, and the record, IT IS HEREBY ORDERED that the motion for reconsideration is dismissed as untimely. See HRAP Rule 40(a) (“A motion for reconsideration may be filed by a party only within 10 days after the filing of the opinion, dispositional order, or ruling unless by special leave additional time is granted during such period by a judge or justice of the appellate court involved.”).

DATED: Honolulu, Hawai#i, February 7, 2019. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson