Harris resign-to-run issue back in lower court
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By Robbie Dingeman
Advertiser City Hall Writer
The Hawai'i Supreme Court has declined to rule on a complaint that the state constitution requires Mayor Jeremy Harris to resign immediately because he has announced his candidacy for governor. That puts the case before a lower court.
Advertiser library photo • March 2, 2001
Last month, former District Judge Russell Blair asked the Supreme Court to decide on the issue directly. On Wednesday, the court said Blair "has alternative means to seek review." Blair said yesterday that he will file his case in Circuit Court, likely before Christmas.
Mayor Jeremy Harris' lawyer says Harris doesn't have to resign until he officially files papers indicating he is running for governor.
Blair maintains that Harris and other candidates for other offices need to resign to run, based on his reading of the state constitution and the arguments made by those who wrote the so-called "resign-to-run" law during the 1978 Constitutional Convention.
Harris has rejected Blair's argument, accusing him of working to undermine his campaign.
In his filing, Blair named Harris, who is running for governor; Lt. Gov. Mazie Hirono, who is running for mayor; City Council Chairman Jon Yoshimura, who is running for lieutenant governor; and City Councilman Duke Bainum, who is running for mayor.
Yesterday, Harris' attorney Robert Klein, a former state Supreme Court justice, said he believes that the court's refusal to hear the case sends a message. He said he thinks the Circuit Court will rule that Harris doesn't have to resign until he officially files papers indicating he is running. The deadline is July.
Klein said he doesn't think the law needs to be changed. "I think it's straightforward and clear," he said.
Blair said he believes in the merits of his case but is awaiting the decision of the courts.
