Court rules Kaaihue can stay on ballots

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 Tuesday dismissed a lawsuit by the Democratic Party of Hawaii that sought to remove her name from the ballot.

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

Democratic Party of Hawaii Chairman Tim Vandeveer said 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 18 days of Tuesday’s court hearing, as prescribed by state court rules.

Also, Sakamoto 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 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 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 election when she filed her nomination papers for both races at the same time.

The Democratic Party filed its lawsuit Sept. 14 to take Kaaihue’s name off the special-election ballot. 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 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.