A convoluted fight over state House Majority Leader Kirk Caldwell's Manoa House seat has taken another turn.

The state is asking the courts to throw out a Republican challenge to the replacement of Caldwell on the primary ballot, arguing the challenge is moot now that Democrats are not technically replacing Caldwell, but instead a city worker who was disqualified for turning in incomplete paperwork at the filing deadline last month.

The state's legal argument, explained in court papers and in letters between the state Office of Elections and the Democratic Party of Hawai'i, is different than the initial rationale given by the state and the party on Caldwell's replacement.

Caldwell, D-24th (Manoa), tried to withdraw from his House re-election campaign at the filing deadline on July 22 in an attempt to run for a City Council seat being vacated by City Councilwoman Ann Kobayashi, who is running for mayor. Chrystn Eads, an aide to Mayor Mufi Hannemann, tried to file for Caldwell's seat but did not complete her paperwork by the filing deadline.

The state elections office told party officials on July 25 that Eads' nomination was void and gave them three days from Caldwell's withdrawal to name a replacement. The elections office said it did not receive Caldwell's written withdrawal until July 23. The party selected Isaac Choy, a Manoa accountant, to replace Caldwell on July 26.

The Hawai'i Republican Party filed suit, alleging that Caldwell withdrew on July 22 — when the city clerk informed the elections office of his plans — instead of when his withdrawal was officially recognized by the elections office a day later. The GOP argued that Choy's selection came outside of the three-day window under the law to replace Caldwell.

But the state now maintains that the decision to void Eads' paperwork was preliminary and that she was not formally disqualified until her status went before a Circuit Court judge on Aug. 7. After the judge found that Eads was disqualified, the state elections office then informed the Democratic Party of the vacancy, and the party named Choy as the replacement for Eads — not Caldwell — on Aug. 9.

In a motion for summary judgment of the GOP lawsuit, a deputy attorney general wrote that "regardless of whether there is a cloud to Mr. Choy's nomination resulting from Kirk Caldwell's withdrawal, Mr. Choy rightfully is a candidate for the 24th District through his nomination by the Democratic Party of Hawai'i on Saturday, Aug. 9, 2008."

Officials at the attorney general's office and the elections office could not be reached for comment yesterday.

PROCESS NEEDS UPDATE

Willes Lee, the state GOP chairman, said he is disturbed by the way the state's explanations have changed.

"I think it's very disturbing, the lack of transparency, the political gamesmanship, having a government official deliberately using a state-run department to have a political party benefit," Lee said of Kevin Cronin, the state's chief elections officer.

Lee asked how Eads could be disqualified if she never properly filed as a candidate. "You can't get there, if you're the court, unless somebody implied that she was a candidate," he said.

The GOP has insisted that Jerilyn Jeffryes, a Republican and a retired medical administrator and community activist, is the only properly filed candidate for the Manoa House seat.

Brian Schatz, the chairman of the Democratic Party of Hawai'i, said the party has abided by all of the instructions from the elections office. He said the House District 24 council decided to again choose Choy after being notified of the vacancy by the state a second time.

"The process probably needs some clarification for a future Legislature to consider, but we're confident that the people of Manoa are better served by being able to select their representation," he said.

WITHDRAWAL DETAILS

Eads, who did not dispute her disqualification, also suggested changes to the filing process. She has said she was in line prior to the filing deadline but delays as others were finishing their paperwork prevented her from making the deadline.

"I think we should all look at the process again and improve it for next time," she said.

The court papers also provide more background on how Caldwell's attempts to withdraw were interpreted by the elections office. City Clerk Denise DeCosta called and sent an e-mail to the elections office before the 4:30 p.m. filing deadline to inform the state of Caldwell's intentions to run for City Council.

Caldwell himself never called the elections office and did not file his written withdrawal — dated July 22 — until after being reminded by the elections office on July 23.

The state claims that DeCosta did not — and cannot — act as Caldwell's agent and withdraw his House nomination by phone. The elections office also noted that each potential candidate was issued a copy of a candidate's manual, which stipulates that withdrawals must be submitted in writing.

The city clerk's office, based on the elections office interpretation of when Caldwell withdrew, later rejected Caldwell's filing for City Council. He will leave the state House after the November elections and said he plans to concentrate on his law practice, although he may run for political office again in the future.