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The Honolulu Advertiser
Posted on: Friday, November 13, 2009

Ruling on Maui councilman's residency appealed


Maui News

WAILUKU — Last month's ruling by the county clerk that County Council Member Sol Kahoohalahala is now a resident of Lanai is being appealed to the state Board of Registration.

Lanai resident Michael "Phoenix" Dupree appealed the clerk's latest ruling in a filing yesterday at the state Office of Elections by his attorneys, Kenneth Kupchak and Robert Thomas. A similar challenge filed by Dupree with the board last year led to a Hawaii Supreme Court decision last month that Kahoohalahala is a resident of Lahaina.
In a decision that dealt with a 2008 application for voter registration — not his eligibility to serve on the council — the Supreme Court ruled Oct. 20 that Kahoohalahala was not a resident of Lanai, because he didn't live there.
The same day that ruling was handed down, Kahoohalahala filed a new application to register to vote as a Lanai resident and provided additional evidence to support his claim that Lanai was really his home.
Four days later, Dupree challenged Kahoohalahala's latest application.
On Oct. 30, Maui County Clerk Jeffrey Kuwada approved Kahoohalahala's voter registration and dismissed Dupree's challenge.
Dupree now is appealing that ruling.
It remains unclear how the Supreme Court's earlier decision or the latest ruling by the clerk could affect Kahoohalahala's standing on the council — or if it will at all.
In a separate court case, an appeal by 19 Lanai residents seeking to block Kahoohalahala from serving on the council and arguing he does not meet council residency requirements is pending before the Hawaii Supreme Court.