The O'ahu Board of Registration ruled yesterday that state House Speaker Calvin Say is legally registered to vote in Palolo Valley — meaning he remains a valid candidate for re-election on Nov. 7.

The board voted 2-1 to uphold an earlier determination by City Clerk Denise DeCosta, who found no evidence that Say had relinquished his 10th Avenue residence.

Republican Julia Allen is running against Democrat Say for the 20th District seat, which includes St. Louis Heights, Palolo and Wilhelmina Rise. Allen's husband, Michael Palcic, challenged Say's residency after finding that Say spends much of his time at the Pauoa home of his wife's mother.

Say, who has represented the 20th District for 30 years, told the board he spends approximately 60 percent of his time at the Palolo home. He said he intends to live there full time when care for his wife's ailing mother is no longer required.

The law states that residency, for election purposes, remains valid during a voter's absences as long as the voter intends to return.

The board found that although rules for determining residency "are not as clear or straightforward as they could be," there was no evidence that Say intended to give up the Palolo home, the only one for which he claims a property-tax exemption.

Palcic said he had not decided whether to appeal the decision further, but that he believes the law is too vague and creates potential for abuse. Say said he has always lived in the district, and that the challenge was "motivated by politics."

Say was elected to the House in 1976 and has held the top position of speaker since 1999.

Reach Johnny Brannon at jbrannon@honoluluadvertiser.com.