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The Honolulu Advertiser
Posted on: Thursday, September 18, 2008

Kobayashi accused of election law breach

By Peter Boylan
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Ann H. Kobayashi

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Hawaii news photo - The Honolulu Advertiser
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The state Office of Elections is looking into a complaint alleging that Honolulu City Council member Ann H. Kobayashi violated state election laws by speaking to the news media and supporters within 200 feet of an open polling place.

On Tuesday, Kobayashi, her campaign co-chairman City Council member Donovan M. Dela Cruz and City Council member Charles K. Djou voted at the early voting location inside Honolulu Hale. The group walked out onto the grass in front of City Hall and spoke to reporters, according to the campaign.

A complaint was filed accusing the Kobayashi campaign of violating the state's electioneering law.

"We've received a letter describing certain offenses involving Tuesday's voting and news conference in front of city hall," said Chief Elections Officer Kevin Cronin.

Cronin declined further comment.

The letter accuses the campaign of violating Hawai'i Revised Statutes §11-132, which states in part that "any person who remains or loiters within an area of two hundred feet from the perimeter of the polling place and its appurtenances for the purpose of campaigning shall be guilty of a misdemeanor."

The statute also applies to "any person, including candidates carrying on any campaign activities within the area described in Section 11-132 during the period of time starting one hour before the polling place opens and ending when the polling place closes for the purposes of influencing voters."

Dela Cruz, speaking yesterday, brushed aside the accusations.

"That's just our opponents' last-ditch attempt at utilizing smear tactics," said Dela Cruz. "And, besides, that's her right to vote. Where else do you vote? At a polling place."

Campaign supporters did not display T-shirts, signs or bumper stickers during Kobayashi's appearance.

Reach Peter Boylan at pboylan@honoluluadvertiser.com.