Court rules Kaaihue can remain on ballot for Takai’s seat

Angela Kaaihue’s name will remain on the special election ballot as a Democratic candidate for the 1st Congressional District to complete the term of the late Rep. Mark Takai.

A state judge dismissed today a lawsuit by the Democratic Party of Hawaii seeking to remove her name from the ballot.

Kaaihue is also a Republican candidate for Hawaii’s 2nd Congressional seat held by Democrat Tulsi Gabbard in next month’s general elections, which is happening on the same day as the special election.

Democratic Party of Hawaii Chairman Tim Vandeveer says the party will continue its effort to remove Kaaihue’s name from the special election ballot and is considering its options.

Circuit Judge Karl Sakamoto dismissed the lawsuit because the Democratic Party did not serve Kaaihue the lawsuit within the 18 days of today’s court hearing, as prescribed by state court rules.

Sakamoto also said the Democratic Party did not file an objection to Kaaihue’s nomination papers with the chief election officer or county clerk before filing the lawsuit. He rejected Democratic Party lawyer Anthony Gill’s argument that the lawsuit, which names as defendants Kaaihue and state Chief Election Officer Scott Nago, also serves as the party’s objection to Kaaihue’s nomination papers.

Even if the lawsuit could also serve as an objection, Sakamoto said the Democratic Party missed another deadline because state law requires objections to be filed at least 60 days prior to the election. The special and general elections are on Nov. 8.

Kaaihue said state election officials assured her in June that she could run as a Democrat in the special election and as a Republican in the primary elections when she filed her nomination papers for both races at the same time.

The Democratic Party filed its lawsuit to take Kaaihue’s name off the special election ballot on Sept. 14. The court scheduled a hearing for Sept. 22 but according to court records, the Democratic Party was a no-show.

The party filed papers indicating that it served Kaaihue the lawsuit on Oct. 11.

Gill told Sakamoto that the party had difficulty serving Kaaihue the lawsuit because she was not available at the address she lists on her candidate reports. There is no home at the address, which is unimproved land next to Newtown Estates in Aiea.

Kaaihue said the property is mostly preservation land she owns and that she has always used it as her residence address. She said the Democratic and Republican parties each notified her in August that she is not a member of their party.

Kaaihue this summer attracted some unfavorable notice for a campaign banner advertising herself as “healthy and cancer free,” which many interpreted as a reference to U.S. Rep. Takai’s fight to overcome pancreatic cancer. Takai died in office of the disease on July 21. Kaaihue has also spoken disparagingly of Gabbard’s Hindu faith and has complained of what she describes as the “Japanese-Buddhist” domination of local politics.