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The Honolulu Advertiser
Posted on: Sunday, November 1, 2009

Maui council member wins a round in residency flap


By ILIMA LOOMIS
The Maui News

WAILUKU, Maui - After supplying evidence to support his claim that he really lives on Lanai, Council Member Sol Kaho'ohalahala received approval Friday to register to vote as a Lanai resident.

Kaho'ohalahala provided travel records showing he had made 40 trips to Lanai since January. In a statement, he told county officials that he lived with his brother and his brother's family at a home on Fraser Avenue in Lanai City, and provided documents showing he was recording his ownership of a share of the property. He also showed that he had applied to be jointly responsible for electric bills on the home, and provided other evidence, including letters from Lanai residents saying they saw him regularly on the island.

"While I did register to vote in the Lahaina precinct in 2006, I have since returned to my hometown of Lanai to reside," he wrote in a letter to Maui County Clerk Jeffrey Kuwada. "Contrary to the assumptions circulating, I do not live, reside, lodge, etc., at Fleming Road, Lahaina."

In his response, Kuwada wrote that he had reviewed the evidence and accepted Kaho'ohalahala's voter registration, adding him to the rolls as a voter in the Lanai district.

He also dismissed a challenge by Lanai resident Michael "Phoenix" Dupree, whose previous challenge to Kaho'ohalahala's residency led to the council member being declared a Lahaina resident by the Hawaii Supreme Court earlier this month.

The court's unanimous ruling Oct. 20 found that Kaho'ohalahala did not have the right to claim Lanai residency on his 2008 voter registration because he had not provided evidence to show he had abandoned the residence he established in 2006 in Lahaina and taken steps to physically move back to Lanai.

The court found he needed to show a physical presence on Lanai, not just an intention to return to the island, in order to re-establish his residency there.

Kaho'ohalahala holds the Lanai residency seat on the council. It remains unclear whether the court's ruling or Friday's approval of his voter registration will affect his standing as a council member.

He could not be reached for comment Friday.

His attorney, Ben Lowenthal, said the clerk's ruling was based on "ample proof of his residence on Lanai."

The Hawaii Supreme Court's ruling clarified the kind of proof required to show residency, and Kaho'ohalahala provided what was asked for, he said.

He said the proof provided by Kaho'ohalahala this week wasn't brought out earlier because the high court was limited to considering only the evidence presented at a Board of Registration hearing last year. Kaho'ohalahala was appealing the board's finding that he was a Lahaina resident.

Lowenthal compared Lanai residents who continue to challenge Kaho'ohalahala's claims of residency to skeptics who continue to believe President Barack Obama is not a citizen.

"Just as there are some who will never be satisfied with Barack Obama's birth certificate . . . I'm sure there are a few folks who will still refuse to recognize that Mr. Kaho'ohalahala is a true Lanaian who has been democratically elected by Maui County."

A separate appeal by 19 Lanai residents seeking to block Kaho'ohalahala from serving on the council and arguing he does not meet council residency requirements is pending before the Hawaii Supreme Court.

Reached on Lanai, Dupree said any evidence Kaho'ohalahala presents now doesn't change the Hawaii Supreme Court's ruling that he was not a resident of the island when he was elected to the council.

"He should resign immediately," Dupree said. "Really, his candidacy was invalid as far as I'm concerned. I don't see how he can play this game and file for residency right now in the middle of his term."

But Dupree said he probably would not appeal the decision.

"There doesn't seem to be any purpose to going through it all again," he said.

Dupree said he continued to be frustrated that Lanai was not represented on the council.

"How would you feel, you guys on Maui, if somebody in Honolulu played this game?" he asked. "Would you feel represented? Would you feel a little bit irritated?"

Kaho'ohalahala applied for voter registration as a Lanai resident a few hours after the high court decision was released Oct. 20. Kuwada asked him to supply more information to support the application.

In his letter to Kuwada, Kaho'ohalahala said he had returned to Lanai and re-established his residency at his childhood home on Fraser Avenue.

"My car is there," he wrote, adding, "I keep my personal belongings there. I also pay utility bills at our home. I maintain both my bank account and post office box in Lanai City."

Kaho'ohalahala wrote that his community service duties, the council's schedules and the available transportation to Lanai dictate how often he can return to the island.

"Regardless, when the work, commitments and obligations are pau, Lanai is where I go home to," he said.

Evidence provided by Kaho'ohalahala to support his claim included:

* Council travel records showing he had made 40 trips back to Lanai since January, spending 45 nights on the island.

* A vehicle registration certificate from 2006-07 that listed his address as a post office box in Lanai City.

* A quitclaim deed filed Oct. 27 recording him as owning an interest in family property in Lanai City.

* A letter from First Hawaiian Bank confirming he has held an account with the bank's Lanai branch since 1994.

* A Department of Hawaiian Home Lands document showing that he applied in 2000 for a residential homestead lot and is currently on the DHHL waiting list.

* An application to Maui Electric Co., asking that he be listed as a co-tenant who would be jointly responsible for electric bills at his brother's home on Fraser Avenue

* Four letters from relatives and supporters saying they had seen him regularly on the island.