Wednesday, August 6, 2008


CALLING ALL DOGS:“Are you Andy Parx?.. with the blog?

“Who are you.”

And though she wouldn’t tell us who she was she pointed our way to the Fact Sheet given to all candidates regarding the Candidate Filing Process 2008. by the State Office of Elections.

She seemd to know what she was talking about and sure enough, as she said, the offical instrictions from the state say that all withdrawals from elections must be in writing.

We’ve made much of the law contained in HRS 11-117 as it apparently denies the validity of Kevin Cronin’s ruling that all withdrawals have to be in writing.

But the State’s official Fact Sheet says this:


Candidates who have filed nomination papers may withdraw their candidacy:

For any reason: Candidates may withdraw for any reason not later than the day immediately following the deadline to file nomination papers. To withdraw, the candidate must submit a written notice to the Chief Election Officer (for state and federal office candidacy) or to the appropriate City/County Clerk (for county office candidacy). (HRS Section 11-117).

For reasons of ill health: Candidates may withdraw for reasons of ill health not later than the twentieth day prior to the election. To withdraw, the candidate must submit a written notice accompanied by a statement from a licensed physician indicating that such ill health may endanger the candidate's life (HRS Section 11-117).

Any examination of the law shows it does not require “written” withdrawal for anything but health” reasons.

She said she looked- and we looked- and there are no HRS Chapter 91 administrative rules, as would be required. that pertain. But even then “Ad rules” can’t contradict state law. And they can’t go further than the law in banning something that was defined otherwise in the same subsection.

But- and I probably should have said this sooner but guess what it says on the cover of the “fact sheet”.

This Fact Sheet is intended for informational purposes only and should not be used as an authority on the Hawaii election law and candidate deadlines... Consult the Hawaii Revised Statutes and other sources for more detailed and accurate requirements.

Disclaimers that cause harm have little effect in law. Everyone knows that no amount of road-signs excuse a lack of accuracy in them .

It’s been disappointing that Caldwell has decided that even though he wanted the process to be transparent- enough to have his own aide file his challenge for him- yet won’t help sort this out by asking a circuit court judge to decide- as one would be doing now if Honolulu County Clerk Denise Decosta had sought a ruling there as the law provides for

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