Three officials holding fast to campaign plans

•	Harris freezes campaign
•	Judge rules in favor of Harris
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By Robbie Dingeman
Advertiser City Hall Writer

Three elected officials who at one time also were targets of Russell Blair's resign-to-run lawsuit say they don't think a court ruling against Mayor Jeremy Harris will have an immediate effect on their campaigns.

Lt. Gov. Mazie Hirono and City Council members Duke Bainum and Jon Yoshimura are planning to run for Honolulu mayor (Hirono and Bainum) or lieutenant governor (Yoshimura).

A special election for mayor would be held Sept. 21, but Hirono's and Bainum's terms end Dec. 2 and Jan. 2, respectively.

Likewise, if Yoshimura were to become lieutenant governor Dec. 2, he would not be able to serve the final month of his council term.

But Hirono said she doesn't believe the people who drafted the resign-to-run law meant for it to apply to terms that overlap for only a few months.

Harris yesterday said he doesn't intend to resign until close to the July 23 deadline to file nomination papers. He said it would be "irresponsible" for him to leave just after he submitted the city budget and before the end of the fiscal year.

When asked if the ruling changes her plans, Hirono replied: "I'm still on course. My understanding is that because the mayor is taking an appeal, that he's pretty much on course, too, and running for governor, so that's my expectation."

Hirono wouldn't rule out jumping back in the governor's race, but said "that's all very speculative, and right now I'm still very much on course running for mayor."

Circuit Judge Sabrina McKenna touched off the debate Monday when she ruled on the meaning of a 1978 amendment to the state Constitution that says incumbents must resign before they run for a new office if the terms of the two offices overlap. She said Harris should have resigned when he began campaigning for governor in May.

Hirono, Yoshimura and Bainum had been named along with Harris in Blair's first lawsuit, but were dropped when Blair filed a second time in state Circuit Court after the Supreme Court declined to take the case directly.

Bainum's attorney and campaign manager, Andrew Winer, said it is the mayor's expected resignation that would allow Bainum and others to run for that office.

"For now, there is no direct impact," Winer said. "But obviously, a decision by the Supreme Court that holds that Harris has to resign would obviously have a tremendous impact on our campaign."

Winer said Hirono is in a similar position "because there's no office to resign to run for at this time."

Yoshimura said of the ruling, "I don't think it affects me." He added, "I think that the judge was wrong in her legal analysis."

Yoshimura said key elements have changed since the resign-to-run constitutional provision was enacted in 1978. He said the combination of term limits enacted since then and state Campaign Spending Commission rules that force candidates to file their papers of intent to run early in the campaign create a difficult situation.

"I think that borders on the ridiculous," Yoshimura said.

Former Mayor Frank Fasi said Harris should step down now, begin his campaign and offer his services as a $1-a-year consultant to city managing director Ben Lee, who would become acting mayor.

"He should resign," said Fasi, who is also running for mayor.

Advertiser Capitol Bureau Chief Kevin Dayton contributed to this report.