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The Honolulu Advertiser

Posted at 12:26 p.m., Tuesday, May 7, 2002

Court clears way for Harris campaign

Full text of Supreme Court decision

By Johnny Brannon
and Robbie Dingeman
Advertiser Staff Writers

The Hawai'i Supreme Court today cleared the way for Mayor Jeremy Harris to resume his campaign for governor while remaining in office until late July.

The high court overturned a Circuit Court judge's March ruling that Harris should have stepped down when he filed campaign organizational papers with the state Campaign Spending Commission in May 2001.

The decision means that Harris, who had voluntarily suspended his campaign after the lower court ruling, can instead remain in office until the July 23 deadline for declaring candidacy with the state Office of Elections.

In a ruling that drew a dissenting comment from one of five justices, the Supreme Court found that "a public officer becomes eligible as a candidate for another public office at the time he or she files nomination papers for the second office.

"Therefore, he or she must resign from his or her present office before filing nomination papers for the second office, if the term of the office sought begins before the end of the term of the office held."

Chief Justice Ronald Moon authored the opinion, with the concurrence of justices Steven Levinson, Mario Ramil, Paula Nakayama. Justice Simeon Acoba Jr. agreed on part of the opinion but dissented regarding the legal analysis and stressed that oral arguments should have been presented in the case.

Harris was in Shanghai, China speaking at a meeting of the Asian Development Bank today and could not be reached for comment. But Harris campaign co-chairman B. Rick Tsujimura said he was delighted with the ruling.

"We're real pleased that the Supreme Court has decided that the interpretation that has been in place for more than 20 years is the interpretation that should be applied," he said.

Gov. Ben Cayetano said today he agrees with Harris' interpretation of the law, and didn't understand why Harris suspended his campaign.

"Having run four statewide races myself, there's not a day to lose when you run on a statewide basis," Cayetano said. "You need to get going, especially on the Neighbor Island where he is not as well known as he may be on the island of Oahu."

"I think in the end the Democrats are gonna win, no matter what, but I think that it might be a close, close race."

Advertiser Staff Writers Mike Gordon and Kevin Dayton contributed to this report.