WAILUKU - Two lawsuits filed last week challenging Sol Kaho'ohalahala's election and his right to be seated in the Lanai residency seat on the County Council could face procedural questions.
A petition to the Hawaii Supreme Court contesting the election results was originally filed Nov. 24, the day of the deadline, by 21 Lanai residents. Two days later it was amended to list John Ornellas as the only petitioner.
Under state law, election results can be challenged by a candidate, a political party, or 30 or more registered voters.
Honolulu attorney Ken Kupchak, who represents the challengers, said the original Supreme Court petition was amended because it listed only 21 voters - nine short of the required number.
Since Ornellas, the defeated candidate for the Lanai council seat, was part of the original group of petitioners, the filing should be valid, Kupchak said. In addition, because the amendment relates to a petition filed before the deadline on Nov. 24, it should be considered timely, he said.
Deputy Corporation Counsel Jane Lovell, who represents the county, said she believed the filing would have been acceptable if Ornellas had filed on his own before the deadline. Now it will be up to the court to decide if the petition meets the criteria to move forward, she said.
She also questioned the validity of a separate suit in 2nd Circuit Court filed by the 21 Lanai residents. The suit asks a judge to declare that Kaho'ohalahala is not a Lanai resident, and to issue an injunction preventing him from taking the Lanai seat on the council.
The Supreme Court is the only legal body qualified to hear election challenges, she said.
"Procedurally, there are a lot of questions," she said.
*This story includes a correction to the title of Deputy Corporation Counsel Jane Lovell.
