Lawsuits continue dispute over residency

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WAILUKU - Defeated County Council candidate John Ornellas is contesting Sol Kaho'ohalahala's election to the council's Lanai residency seat.

Ornellas filed a complaint with the Hawaii Supreme Court last week asking for the election to be invalidated. He argued Kaho'ohalahala was not a Lanai resident or a registered voter, and that his claim of residency was fraudulent.

In a separate action, a group of 21 Lanai residents including Ornellas filed suit in 2nd Circuit Court asking for an injunction preventing Kaho'ohalahala from serving in the council's Lanai seat.

Honolulu attorney Ken Kupchak, who is representing the challengers, said residency questions have been issues in a number of races around the state, and the question should be decided in court.

"Everybody needs to know this, because it doesn't just happen in this district," he said. "The Supreme Court needs to clarify this so we have guidance in future elections."

Attorney Ben Lowenthal said Kaho'ohalahala would respond to the challenges.

"It is a cause for real concern when a small group seeks judicial intervention to overturn an election," he said. "We have reviewed the written allegations, and they do not appear to have the sufficient weight and character necessary to reverse the will of the electorate."

In addition to the suits filed last week at the Supreme Court and 2nd Circuit Court, Kaho'ohalahala's appeal of a Board of Registration ruling on his residency is still pending before the Intermediate Court of Appeals.

The challenges stem from a dispute over whether Kaho'ohalahala is a Lanai resident.

Kaho'ohalahala was born and lived for years on Lanai, but in recent years he has lived with his wife in Lahaina while he worked on Maui. Shortly before he filed papers to run for office in July, he changed his voter registration from Lahaina to Lanai.

Kaho'ohalahala has contended that he meets the legal definition of a resident, because he intends to return to Lanai and has made arrangements to live with his brother at a family home in Lanai City in the future.

In October, Maui County Clerk Roy Hiraga rejected challenges to Kaho'ohalahala's residency. But the Maui County Board of Registration overturned the decision, ruling that Kaho'ohalahala was a Lahaina resident.

The board ruling applies only to Kaho'ohalahala's voter registration, and it remains unclear how his ability to be seated on the council in January will be affected.

Ornellas' Supreme Court complaint cites the Board of Registration's ruling and argues that Kaho'ohalahala registered to vote on Lanai while he was actually a Lahaina resident.

The County Charter requires council candidates to be registered voters and residents of the district they would represent. But at the time of the election, Kaho'ohalahala's voter registration was invalid, and he wasn't a Lanai resident, the complaint argues.

While the Supreme Court is the only body with the authority to hear an election challenge, a separate action in 2nd Circuit Court asks for an injunction to prevent Kaho'ohalahala from taking office.

The suit filed by 21 Lanai residents asks a judge to declare that Kaho'ohalahala is not a Lanai resident, and order him to forfeit any right to hold the Lanai seat on the council.

In addition to Ornellas, the group of 21 challengers includes Alberta de Jetley, who finished in third place in a five-way first special election race for the Lanai council seat. It also includes Michael "Phoenix" Dupree, who challenged Kaho'ohalahala's residency to the Board of Registration.

The other Lanai residents who joined the suit are John R. Dela Cruz, Deborah Yooko Dela Cruz, Laurie Ann DeLima, Roy Y.H. DeLima, Garek Paul Eligado, Sheila A. Eligado, Lawrence G. Endrina, Darlene Janice Endrina, Reynold "Butch" Masaji, Bruce Harvey, Jennifer Philomena Lichter, Ron McOmber, Phyllis S. McOmber, Sherri Mora, Gail Riener French, Neal S. Tamashiro, Tom Urpanil Jr. and Beverly Zigmond.

Deputy Corporation Counsel Jane Lovell, who represents Maui County, said the county didn't want to "take sides" or support one candidate over another but would defend its process in deciding residency challenges.

"We will be grateful for the guidance of the Supreme Court," she said.

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

* This story includes a correction to the title of Deputy Corporation Counsel Jane Lovell.