What if we get into legal action regarding Ms. Hanabusa’s disqualification as a gubernatorial candidate?
Well, I am hoping the attorney generals investigate and disqualify Ms. Hanabusa; so that, the case be resolved smoothly, and the primary election happens as planned.
However, if and once legal action, (probably, class action suit), is launched in Court, it may be most likely that the election may not happen due to prospective Motion to Stay: Since the case may go to all the way to State Supreme Court and further US Supreme Court, it may not be over before the election day; and, it is even possible the general election may not happen either.
That is why I have been advising Ms. Hanabusa to withdraw from her candidacy for governor, and stay in the US congress.
Aloha.
Note: Then, I guess the election on US congress, district 1 may not happen. (Besides, it might have been already illegal for the election office to give out nomination papers for the seat, without legal documentation about its availability, i.e. Ms. Hanabusa’s resignation.)
Legal evidence of “ANY” elected officer, stated in Resign to Run mandate (State Constitution Article Ii, Section 7), did include a federal officer..!
After the mandate implemented in 1978 Constitutional Convention, there were several amendments in state legislature. For example, in 1981, in a bill (SB No. 1028), specific requirement regarding the date of resignation, 45 days before nomination filing deadline, was implemented (or amended). However, the requirement was deleted and repealed in a bill (SB No. 1152) in 1983.
However, it was repealed for the requirement of specific resignation date, but NOT for the DEFINITION of the elected officer, whether it included a federal elected officer, or not.
Therefore, we may now have all legal proof that Ms. Hanabusa is already disqualified as a governor candidate. (The Resign to Run mandate applies to Ms. Hanabusa.)
“ANY elected public officer shall resign from that office BEFORE BEING ELIGIBLE as a candidate for another public office, if the term of the office sought begins before the end of the term of the office held.”
Among other things,
1. “ANY” included a federal officer, which applies to her case. (SB. No. 1028; March 13, 1981)
2. In Cobb vs State, State Supreme Court decided, among other things, the mandate applies to a State candidate, but not to a Federal candidate. (Now, Ms. Hanabusa is a State candidate.)
3. According to Campagin Spending Commision report, she already prematurely held several illegal fundraising events, before and without her resignation from current office in US congress.
4. According to Campagin Spending Commision report, she already prematurely started her illegal campagin, before and without her resignation from current office in US congress.
By law, therefore, Ms. Hanabusa is disqualified as a governor candidate.
Aloha.
