LIHU‘E — The Hawai‘i Intermediate Court of Appeals on Monday overturned a Fifth Circuit Court ruling last year that dismissed a complaint against a Republican Party candidate who filed at the last minute to run in the 14th District state
LIHU‘E — The Hawai‘i Intermediate Court of Appeals on Monday overturned a Fifth Circuit Court ruling last year that dismissed a complaint against a Republican Party candidate who filed at the last minute to run in the 14th District state House race against Democrat Mina Morita.
The appeals court determined David Hamman was never a candidate because he failed to sign the proper paperwork and the county clerk had no authority to accept it as such.
The three-judge panel’s interpretation of the law in this light nullifies the three-day extension the state Elections Office gave the GOP to find a replacement for Hamman after he withdrew from the House race to run for state Senate the day before the filing deadline.
Because the GOP’s replacement for the House race, Harry Williams, filed two days after the deadline, the appeals court ruled he should not have been on the ballot.
“This is an important decision for future elections to make clear that all candidate nomination papers must strictly comply with the law,” Morita said. “There’s no discretion.”
While Morita went on to handily win the race against Williams, should the outcome have been the opposite the state would now be faced with the task of removing a candidate from office almost a year after the election November 2010 election.
Steven Nishimura, chair of the Democratic Party on Kaua‘i and plaintiff in the case, said this would have brought “disturbing consequences.”
“The thought of replacing a wrong representative in office is disconcerting,” he said. “Now we have assurance for quick and proper resolution if similar tactics resurface in the future.”
The Republican Party can still appeal to the Hawai‘i Supreme Court, but Morita said she would be surprised if it did because the 10-page appeals court ruling is “very strongly worded.”
A message left with the Kaua‘i Republican Party was not returned by press time. Hamman could not be reached by press time for comment.
“In their judgment the ICA determined the chief elections officer erred by certifying both Republican candidates named on ballots during the general election,” Nishimura said.
Timeline
On July 19, 2010, state Sen. Gary Hooser, D-Kaua‘i and Ni‘ihau, resigned from office to file papers to run for lieutenant governor. On the same day, Hamman, a Princeville locksmith, filed to run against incumbent Morita.
Hamman then immediately withdrew his candidacy and filed for Hooser’s vacant seat. At that time, Hamman said he intentionally did the paperwork shuffle to give his party time to find a replacement for him against Morita.
The deadline to file was 4:30 p.m., July 20.
Working under the assumption that Hamman was actually an official candidate, his withdrawal automatically gave the Republican Party three additional days to find a replacement for him.
Williams, also of Princeville, filed papers on July 22 to run against Morita.
Hamman, however, in his filing for the House seat, did not sign the Certification by the Partisan Candidate, the Oath of Loyalty or the Affirmation. Despite his missing signatures, the county clerk, who serves as the head of the Elections Division on Kaua‘i, accepted his application.
“I signed everything that I was supposed to, and all I know is it’s the fiduciary duty of the clerk to make sure I filled everything out correctly,” Hamman said in August 2010, adding that if there was a problem, he assumed it was with the clerk’s office, “not with me.”
Morita, at that time, said if Williams wanted to run for office he should have filed before the deadline rather than relying on “Hamman’s lack of knowledge and lack of respect for the process.”
The fact that Hamman did not sign where he was supposed to in the House application was a “conscious decision,” Morita said, “because when he filed for the Senate seat he signed in all the right places.”
Following Nago’s decision to grant the deadline extension to the GOP, Nishimura, in his official capacity as party chair, filed a complaint in Fifth Circuit Court.
On Aug. 31, 2010, Fifth Circuit Judge Randal Valenciano ruled that the Republican Party of Hawai‘i followed the rules which allowed Williams to replace Hamman in the race for the 14th District House seat.
Hamman and Williams lost their respective races. Morita was re-elected, but a few months later resigned to accept a gubernatorial appointment to head the state Public Utilities Commission.
The ruling
“Hamman’s incomplete nomination papers were void on their face, and the County Clerk had no authority to accept the nomination papers,” the appeals court ruled.
Peter Nakamura was serving as clerk at the time. He stepped down this month to work in the county Planning Department.
Nago’s reliance on HRS to give the Republican Party three additional days to find Hamman a replacement was wrong, the appeals court ruled. Hamman was never a candidate as defined by Hawai‘i Administrative Rules, and therefore could not have withdrawn from the race as he never qualified for placement on the ballot.
Because Hamman was not an official candidate and could not have withdrawn, the Elections Office had no authority to give the GOP extra time to find a candidate. Without the additional days, Williams’ nomination papers were filed after the statutory deadline, July 20, and his name should not have been on the ballot.
• Léo Azambuja, staff writer, can be reached at 245-3681 (ext. 252) or lazambuja@ thegardenisland.com.
