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The Honolulu Advertiser
Posted on: Saturday, August 9, 2008

GOP files suit over candidate

By Jim Dooley
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Isaac Choy

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The Hawai'i Republican Party has filed a lawsuit contending that Democrat Isaac Choy's candidacy in the state House 24th District (Manoa) is legally flawed and that his name should be stricken from the ballot.

The suit was filed late yesterday afternoon in Circuit Court by Willes Lee, Hawai'i GOP chairman, against the state Office of Elections.

It's the latest twist in a flurry of events that occurred in the aftermath of City Councilwoman Ann Kobayashi's last-minute decision last month to run for Honolulu mayor.

Kobayashi's move prompted the incumbent representative in the 24th district, Democrat Kirk Caldwell, to withdraw and file new papers to run for Kobayashi's seat on the council.

The Democratic Party then named Choy, a Manoa accountant, as Caldwell's replacement to stand for election to the House seat in November.

A Manoa Republican, Francis Figueiredo, challenged the legitimacy of Choy's appointment, arguing that it was made outside the 72 hours allowed under law to fill such a vacancy.

But the Elections Office rejected that challenge, prompting the GOP lawsuit.

At issue is when Caldwell officially withdrew as a candidate for the re-election in the House — on July 22, when he told the City Clerk's office that he was withdrawing, or on July 23, when his formal letter of withdrawal was received by the state.

State elections chief Kevin Cronin ruled preliminarily that Caldwell's proper withdrawal date was July 23, and that's when the 72-hour clock began running for the Democrats to name a replacement.

Choy was named on July 26.

The Republican lawsuit alleges that "Caldwell's withdrawal from the House District 24 contest was effective July 22."

The Democrats "therefore had until 4:30 p.m. on July 25" to name a replacement candidate but did not do so until the following day, the suit charged.

"As a result of the Democratic Party's untimely notification ... Isaac Choy is not a valid candidate for the House District 24 contest," the suit said.

Elections officials were unavailable for comment on the matter late Friday, as were Choy and Caldwell.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.