Harris disputes ruling on resigning

By David Waite
Advertiser Staff Writer

Circuit Judge Sabrina McKenna concluded wrongly when she ruled that Honolulu Mayor Jeremy Harris should have resigned from office by May 15, 2001, if he planned to run for governor this year, according to papers filed yesterday in the Hawai'i Supreme Court.

Harris filed the opening brief in his appeal of the March 11 ruling that he officially became a candidate for governor when he filed a report with the state Campaign Spending Commission on May 15, 2001.

An amendment to the state Constitution ratified by Hawai'i voters in 1978 requires elected officials to resign from office if they become candidates for another elective office and the terms of office overlap.

Robert Klein, a former state Supreme Court justice representing Harris, said in the brief that the courts, state attorney general's office and state office overseeing elections have all operated on the premise for 24 years that the "resign-to-run" requirement goes into effect when a candidate files nomination forms. In Harris' case, that would be this July 23.

The case against Harris was brought by Russell Blair, a former state District Court judge and state senator who said he was bothered that Harris was only 98 days into his term when he announced plans to run for governor.

Blair's arguments supporting McKenna's ruling are due April 16.