Yesterday’s sunrise in Kaaawa wasn’t spectacular, but its colors very gradually emerged as the night gave way to day. The Monday holiday means a short work week, and it feels odd to already be at mid-week. As usual, click on the photo to see a larger version.
A non-bylined story in the Advertiser this morning reports that a Republican challenge to the Democratic replacement for Kirk Caldwell in the 24th House District was rejected by a state judge. The story reads as if no one had seen the judge’s order but had only been told that the challenge had been dismissed.
It’s been a winding road towards a decision. Initially, Chief Elections Officer Kevin Cronin issued a preliminary ruling which held that Caldwell was required to submit a written notice of withdrawal, and that it had been received on the day following the July 22 candidate filing deadline. On this basis, Cronin ruled that the Democratic Party had properly named a replacement by the end of the day on July 26.
The GOP then took its challenge to court and Cronin’s defense took another turn. In a motion filed in the case, Cronin repeated his initial argument that a candidate’s notice of withdrawal must be in writing and that a verbal notice relayed by the city clerk was not sufficient. In what was essentially a one-line argument which was not elaborated or supported with legal citations, Cronin said the city clerk could not act as an agent for Caldwell’s campaign in conveying his verbal notice of withdrawal to the Office of elections. But Cronin then went on to argue that the case was moot because the “real” triggering event was the disqualification of Chrystn Eads via a court ruling on August 7, and that Democrats had properly re-nominated their replacement within three days of that event.
Circuit Court Judge Bert Ayabe significantly ruled that the notice of withdrawal did not have to be in writing and that a verbal notice would be sufficient under state law. However, Ayabe held that notice had to be given to the Office of Elections by the candidate or the candidate’s agent, and the city clerk was neither the candidate nor his agent. As a result, the clock started ticking when Caldwell submitted his written notice that he was leaving the house race, and not when he told the city clerk that he was withdrawing.
The problem for Caldwell was that he straddled the two offices, the State Office of Elections, where he had to file papers to run for his House seat, and the city clerk, where he filed for the City Council race. At least as Judge Ayabe views it, the two offices are distinct and notice to one is not sufficient to provide notice to the other.
Is that the end of the saga or will the GOP appeal? Unknown.
If you missed the news report on “Hookers and Blow” at the GOP convention, here’s a link to the YouTube version.
And for another perspective on the scene last week in Denver, check out the reporting by the blogger who goes by African American Political Pundit.
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I don’t get it Ian. The county clerks ARE agents of the DOE in that they are the ones who process all papers for all elections both state and county.
I don’t think those in Honolulu have to go to the DOE for state office elections and the clerk’s office for county level elections, do they? We certainly don’t- there are no DOE offices on the neighbor islands. And the DOE takes the clerk’s word for the filing, why not for withdrawal which is after all the same basic process only in reverse.
So my question is: does Cronin get to pick and choose arbitrarily which functions are delegated to the county clerks and which aren’t- and do it after the fact and despite past practice and policy?.
I’m also eager to see the ruling on how Eads was “disqualified” when she was never qualified to begin with.