House investigates Say residency

In what’s believed to be an unprecedented move for the state Legislature, House leaders have decided to formally investigate whether to strip one of their own of his seat based on residency issues.

House Majority leaders announced Wednesday that they’ve formed a special committee to consider the latest challenge over whether Rep. Calvin Say (D, Palolo-St. Louis Heights-Kaimuki) actually lives in the House district that he’s represented since 1976, and thus whether he’s qualified to represent it.

That committee, composed of six House leaders, will weigh the strength of the evidence presented at a future hearing open to public viewing. The group will then give its recommendation to the full House for a floor vote on Say’s future, officials said.

The move follows years of assertions and formal challenges from voters in Say’s district and political opponents claiming that Say resides in a home on Star Road in Pauoa Valley — not in a 10th Avenue home in Palolo Valley.

House Speaker Joseph Souki (D, Waihee-Waiehu-Wailuku) said Wednesday that the chamber opted to examine Say’s qualifications in this session, after at least eight years of challenges, because of a recent court decision that confirmed the House’s authority over the matter.

The special committee will specifically address the most recent challenge on Say’s residency filed by attorney Lance Collins on behalf of six voters in Say’s district.

"This is quite new to all of us. We are really setting some precedent by doing this," Souki said of the new committee. "We welcome to do it, although sometime it may seem unpleasant. … It’s a responsibility that we take seriously."

Those on the House special committee are Democratic Reps. Karl Rhoads, John Mizuno, Scott Saiki, Cindy Evans and Ken Ito, and a lone Republican, Rep. Beth Fukumoto Chang, the House minority leader.

Nearby residents and political opponents have provided sworn statements in court challenges against Say’s residency declaring that the Palolo Valley home has consistently appeared unoccupied, and that Say himself once admitted in a neighborhood board meeting to keeping the home vacant without renters.

However, Say has repeatedly insisted to the media that he does in fact live at the Palolo Valley home, and three previous complaints against Say focusing on his voter registration were unsuccessful.

On Wednesday, Say issued a statement saying that he has "every confidence in the fairness and objectivity of the House’s procedures in such matters." He added that he looks forward "to hearing what compelling evidence these individuals will present, as well as the opportunity to respond."

In the most recent complaints challenging his residency, the courts and the House have sparred over which branch has the authority to determine that Say is ultimately qualified to represent the district. Collins asserted Wednesday that neither branch holds exclusive power in the matter.

Nonetheless, a circuit judge ruled in September that the House has exclusive power to decide whether Say meets the state constitutional requirement of qualifying as a voter in the district he represents. The Palolo voters have alleged that the former speaker lives with his family in Pauoa Valley, not the 10th Avenue home in Palolo he lists as his residence.

Collins said he’s appealing that decision for his clients, arguing that the House doesn’t have the exclusive power at the expense of the courts. Whatever the court decides in that appeal should not affect any House decision pertaining to Say, Collins added.

Say served as House speaker for 14 years, the longest run since statehood. Souki and a coalition of dissident Democrats and minority Republicans toppled Say in 2013.

A court statement by Say’s 2014 Green Party opponent, Keiko Bonk, included the candidate’s testimony that Souki had told her that he previously had a long friendship with Say during Souki’s first stint as House speaker. According to Bonk’s declaration, Souki told her that "everyone knew" that Say lived at the Star Road home in Pauoa Valley.