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Appeal to Kaho‘ohalahala’s residency dropped

October 23, 2008
By ILIMA LOOMIS, Staff Writer

One appeal challenging Maui County Council candidate Sol Kaho'ohalahala's Lanai residency has been dropped, but a second appeal filed earlier this week is still active.

Lanai resident Bruce Harvey said he withdrew his appeal because he didn't want his challenge to become personal.

A Board of Registration hearing on Harvey's appeal that had been scheduled for Friday has been canceled, said Judy Gold of the state Office of Elections. She said a separate appeal filed by Lanai resident Michael Dupree had been received Monday, but a hearing on that appeal had not yet been scheduled.

Earlier this month, Maui County Clerk Roy Hiraga ruled against a dozen challenges to Kaho'ohalahala's status as a Lanai resident. Hiraga cited state law that says a person's "intention" to live in a home they have established in the district determines whether they are a resident.

Harvey said he decided to withdraw after reading Kaho'ohalahala's comment that the appeal was "vindictive."

"I'm not a vindictive person," Harvey said. "We're living on an island where everybody gets along and I want to continue that."

Harvey has acknowledged that he works with Kaho'ohalahala's opponent, John Ornellas, and that he has an Ornellas campaign sign in his yard. But he said he is not involved with Ornellas' campaign.

Harvey said he agreed with some of Kaho'ohalahala's opinions, but felt the law's definition of residency was wrong, and filed his appeal to bring attention to it.

"I accomplished what I set out to do," he said.

Kaho'ohalahala has filed a petition with the state Supreme Court, asking the court to vacate Hiraga's ruling and dismiss all the residency challenges.

The petition argues that because the residency challenges were filed after Kaho'ohalahala finished first in the Sept. 20 first special election, they were seeking to overturn the election results, which falls under the Supreme Court's jurisdiction.

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

 
 

 

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