State House can intervene in Calvin Say residency challenge

The state House can intervene in a legal challenge to state Rep. Calvin Say’s residency, a state Circuit Court judge ruled on Friday.

Six voters in Palolo have alleged that Say does not live in the Palolo state House district he has represented since 1976. Circuit Judge Karen Nakasone has ordered Say to prove that he lives in the Palolo district, since the state Constitution requires that lawmakers be qualified voters in the districts they represent.

The House, however, has argued that it has exclusive jurisdiction under the state Constitution to determine the qualifications of its members.

Nakasone allowed the House to intervene after finding that the House had shown a commonality with claims made by Say in the case. The judge also found that allowing the House to join the case would not unduly delay or prejudice Say’s claims.

A court hearing on Say’s and the House’s motions to dismiss the legal challenge has been set for Sept. 18.

Say has maintained that while he spends time at homes in Palolo and Pauoa Valley for family reasons, his primary residency is a 10th Avenue home in Palolo.