Tuesday, July 16, 2024
Hawai'i Free Press

Current Articles | Archives

Thursday, October 1, 2015
'Aha Candidates--Legislators, Trustee Violate Resign to Run Law
By Andrew Walden @ 5:43 AM :: 8247 Views :: Akaka Bill, Office of Elections, OHA

by Andrew Walden

OHA may dispute it, but the Na'i Aupuni 'Aha Delegate election is a State of Hawaii election being run illegally by an OHA contractor in violation of Rice v Cayetano and also the Hawaii State Constitution Article 4, Section 3 which requires that all State of Hawaii elections be overseen by the Chief Elections Officer.

Because the 'Aha is a State election, three candidates are in violation of the Hawaii Resign to Run Law codified in Article 2, Section 7 of the Hawaii State Constitution which reads: 

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.

The three candidates for immediate resignation are:

  • OHA Trustee Rowena Akana
  • Sen Brickwood Galuteria
  • Rep Kaniela Ing

According to Na'i Aupuni, the term of office for Aha delegates is "Between February and April 2016: ‘Aha held on Oahu over the course of eight consecutive weeks (40 work days, Monday through Friday)."

In addition to violating the Resign to Run law, another section of the Hawaii State Constitution, Article 3, Section 8, flatly states:

"No member of the legislature shall hold any other public office under the State...."

If elected to the 'Aha, this would ensnare both Galuteria and Ing.

The State Constitution does not prescribe punishment for violators such as Galuteria and Ing, but Article 3, Section 8 is helpfully titled "Disqualifications of Members."  Are they planning to ignore the resign to run law only to resign from the Legislature if elected to the 'Aha?  The 'Aha schedule covers most of the upcoming Legislative session.

They are not alone.  An Hawaii Attorney General opinion holds that one cannot "simultaneously retain his position as a public officer and serve as a trustee for OHA." 

Rowena Akana's candidacy flaunts both the AG opinion and OHA's pledge to not interfere in the 'Aha.

Additionally, members of the Kanaiolowalu Roll Commission are, of course, public officers of the State of Hawaii.  In spite of this, they are now seeking to hold additional State of Hawaii public offices as 'Aha delegates.  These include three 'Aha candidates:

  • Naalehu Anthony
  • Lei Kihoi
  • Clyde Namuo (executive director of Roll Commission)


Background: Nai Aupuni Candidate List Released


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute


Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together


Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii


Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii


National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii


Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii


Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns


West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii