Posted on: Saturday, October 9, 2004

GOP fails to get Democrat off ballot

By Ken Kobayashi
Advertiser Courts Writer

The Hawai'i Supreme Court yesterday rejected a challenge by the Republican Party of Hawai'i, which contended that Louis Cortez Gallup, a Maui Democrat seeking a state House seat, is not a U.S. citizen and should be removed from the Nov. 2 general election ballot.

But the justices left the door open for the party to file another challenge if it follows the proper procedures.

In a five-page unanimous decision, the high court dismissed the GOP's complaint, saying it was an improper way of challenging the eligibility of a person running for political office. But the court said its dismissal does not bar the party from refiling a new challenge under the proper state laws.

Republican Party chairman Brennon Morioka said members are obviously disappointed, but will review the options and will "proceed accordingly."

"I think it's only fair to the voters on Maui to be voting for someone qualified to serve them after the election," he said.

Gallup said yesterday that he was delighted by the ruling. "It reaffirms my faith in our system," he said.

Gallup said that even though he was born in Canada, he is a U.S. citizen because he is an American Indian.

He is running against incumbent Republican Chris Halford for the House seat for the 11th District (South Maui). Both were unopposed in the primary election.

The high court yesterday also threw out an unrelated challenge filed by Ollie Fulks, who ran for Hawai'i County Council during the primary election and asked for a declaration that he is the winner in the 3rd District (Waiakea, Kea'au). Fulks was defeated by incumbent Jimmy Arakaki in the winner-take-all primary, but contended a county charter provision on term limits should have prevented Arakaki from running for office.

The high court said it does not have the authority to declare Fulks the winner.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.