Hours after learning Honolulu City Councilwoman Ann Kobayashi was almost certain to run for mayor, Duke Bainum flew in from the Mainland, quickly rented an Ala Wai apartment and registered to vote with his new address to be eligible to replace her on the council.

The city Charter requires candidates to be registered voters in the districts they want to represent. Bainum, a former Honolulu City Councilman who has been mostly living in Arkansas since he lost a mayoral campaign to Mufi Hannemann in 2004, bought a condominium at Nauru Tower last October but the condo is outside Kobayashi's district.

Bainum said he rented the Marco Polo apartment on Kapi'olani Boulevard on July 22, the day of the filing deadline.

Kobayashi's late announcement and Bainum's swift reaction led to speculation they had coordinated the filings to avoid significant opposition in Bainum's race. Several people who were involved in persuading Kobayashi to run, however, said that while Bainum may have been informed about her plans, the focus was almost entirely on Kobayashi.

After Kobayashi's and Bainum's intentions were made public hours before the deadline, Hannemann and others urged state House Majority Leader Kirk Caldwell, D-24th (Manoa), to run against Bainum. Caldwell deliberated for much of the afternoon before filing right before the 4:30 p.m. cutoff, leading to confusion about whether he properly withdrew from his state House re-election campaign and completed his paperwork for the council on time.

"I rented an apartment," Bainum said. "I rented it on the day of (the deadline), so, unlike Mr. Caldwell, I was a qualified candidate for Council District 5 when I filed."

Bainum, like others, said he had heard signals that Kobayashi would run. "I did not know that she was definite. I had been told that she most likely would, that she was thinking about it, that she was almost sure to do it. You know, all those kind of things," he said. "But I was here and I was prepared and took action."

A RUN FOR MAYOR

Several sources agreed to describe the behind-the-scenes discussions to The Advertiser on the condition of anonymity because the talks were considered private.

Several powerful Democrats — including state Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha), and former Gov. Ben Cayetano — had been talking with Kobayashi about running for mayor because they are unhappy with Hannemann's performance. Private polls, sources close to Kobayashi said, showed that she would be competitive and that Hannemann's approval rating was dropping. Other polls, however, show Hannemann's approval rating remains strong.

Kobayashi, who backed Hannemann over Bainum in 2004, said she spoke with Bainum earlier this year when there was talk he might run for a Waikiki state Senate seat. She said Bainum had heard word that Kobayashi might run for mayor and called her to confirm shortly before the filing deadline.

"There were a lot of rumors all the time that I'm running, so he called either that day or the day before and said, 'Am I running?' " And I said 'I'm pretty close to running.' "

Honolulu City Councilman Donovan Dela Cruz, a Kobayashi ally who was involved in the talks, said there was no overt collusion with Bainum and that "people were not trying to build a political empire here."

But people close to the mayor question how Bainum was able to respond without advance coordination. Bainum was at Honolulu Hale for Kobayashi's campaign announcement and is a Kobayashi supporter.

Even if Bainum was not a significant part of the push behind Kobayashi, he was informed about her plans and in better position than others who were potentially interested in the council race to act.

HIS OWN DECISION

Hannemann, meanwhile, approached Caldwell about whether he would run against Bainum. One of the mayor's aides, Chrystn Eads, agreed to run for Caldwell's House seat but later learned she did not complete her paperwork by the deadline.

"The mayor believes Kirk Caldwell reflects the concerns of that district," said A.J. Halagao, Hannemann's campaign coordinator. "He has lived in the district for many years and has served them well."

Caldwell said he spoke with the mayor and several trusted friends and supporters. As of the early afternoon before the deadline, some on Caldwell's state House staff were telling people he would not run for council.

Caldwell said he ultimately made his decision on his own based on what he thought was best for the council district. He said his wife, Bank of Hawaii executive Donna Tanoue, was the only one with veto power. "I made it because I thought it was the best decision for me and my constituency in Manoa," he said.

A Caldwell supporter has asked the city clerk's office to determine whether he properly filed his paperwork on time. A Bainum supporter yesterday also challenged whether Caldwell made the deadline.

Caldwell said he plans to abide by the clerk's preliminary determination without waiting for a court ruling. "I'll live with the decision," he said.

George Waialeale, a labor activist who serves on the Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board, also filed papers on July 22 to run for council but he withdrew the following day. He said he and Caldwell are friends and that he was told by labor leaders that they would back Caldwell, so he chose to drop out.

But he said he asked the city clerk's office before he withdrew whether Caldwell had properly filed. If Caldwell is disqualified, it would leave Bainum as the only candidate.

Waialeale said he would have to examine his own legal options if that happens. "This may not be over," he said.