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WAILUKU - Sol Kaho'ohalahala's residency on Lanai resides in his "state of mind," or his intention to live there, according to a ruling that qualified him to run for the island's residency seat on the Maui County Council.

In a ruling released Monday, Maui County Clerk Roy Hiraga said Kaho'ohalahala qualified as a candidate from Lanai in part because he intends to return there to live in a family home. Hiraga rejected challenges to Kaho'ohalahala's residency.

State law "makes it abundantly clear that physical presence or absence from a particular place is not the deciding factor in determining the residence of an individual," Hiraga wrote.

Instead, a person's "state of mind" determines his or her residence, and it was clear Kaho'ohalahala intended to live on Lanai, Hiraga said.

He also said the challenges were untimely because they were filed after the Sept. 20 first special election. The law requires residency challenges to be filed before that election date.

Hiraga's ruling, issued Friday but released to the public Monday, clears the way for Kaho'ohalahala to continue in his race for the council's Lanai seat against John Ornellas. Kaho'ohalahala finished first and Ornellas second last month in a five-way race for the council seat being vacated by Council Member Riki Hokama because of term limits.

Overall, Kaho'ohalahala won 40 of Maui County's 42 precincts, pulling in 9,980 votes, or 47.4 percent, compared with Ornellas' 2,652 votes, or 12.6 percent. But, in the small precinct on Lanai, Kaho'ohalahala finished second to last with only 45 votes, with Ornellas doing little better, getting 47 votes. Other Lanai candidates said Kaho'ohalahala's poor showing on the island was because people there didn't see him as being a resident.

Kaho'ohalahala has said he believes he is a Lanai resident, but has acknowledged living in Lahaina for his work. He is currently an instructor at Maui Community College, and previously headed the Kahoolawe Island Reserve Commission.

The law specifically says a person can't lose residency status if he or she leaves home to work for the state or federal government, Hiraga noted in his ruling.

For example, a Hawaii resident serving overseas in the military would retain residency in the state.

Kaho'ohalahala didn't lose his Lanai residency while he was working for the Kahoolawe commission because he was a state employee, Hiraga noted.

In a sworn statement submitted to Hiraga, Kaho'ohalahala said his residence was at a family home in Lanai City, and that he intended to make it his permanent home.

* Ilima Loomis can be reached at iloomis@mauinews.com.