U.S. judge cuts A federal judge has sided with Honolulu Mayor Jeremy Harris' campaign in its dispute against the state Campaign Spending Commission over political contribution limits.
mayor some slack
By Rick Daysog
rdaysog@starbulletin.comU.S. District Judge Helen Gillmor issued a preliminary injunction yesterday against the five-member commission, saying the Harris campaign and local attorney Lex Smith face "irreparable harm" over the way the commission's staff has applied the state's campaign spending limit law.
Gillmor's decision came less than two hours before Harris announced that he was suspending all campaign activities and would appeal Circuit Judge Sabrina McKenna's Monday ruling that he must resign as mayor to run for governor.
Gillmor did not rule on the merits of Smith's lawsuit and plans to hold a hearing on his complaint next month.
Harris, who was re-elected as mayor in 2000, plans to run for governor as a Democrat this year.
Smith, who gave $3,000 to the Harris campaign during his 2000 mayoral campaign, sued the commission in February, saying the state agency is wrongfully barring him from donating the $6,000 legal limit to Harris' gubernatorial campaign because he gave money to Harris' mayoral campaign two years ago.
Smith, who was joined by the Harris campaign in his suit, said the commission violated his constitutional right to free speech by treating him differently from a contributor who did not give money to Harris' mayoral race.
The commission, meanwhile, has argued that contributions made to Harris in the 2000 mayoral race should be counted toward this year's election since the four-year period for the 2000 mayoral race overlaps with this year's gubernatorial race.
Bob Watada, the commission's executive director, declined comment on the decision.
William McCorriston, an attorney for the Harris campaign, criticized the commission's application of the law as "bizarre," saying it unfairly allows Harris' Republican opponent Linda Lingle to raise more money than the Harris campaign.
He noted that the campaign has been forced to return "tens of thousands of dollars" to donors who contributed the $4,000 limit two years ago and want to give more than $2,000 for this year's governor's race.
Harris attorney and former state Supreme Court justice Robert Klein added, "Federal Judge Helen Gillmor agreed that contribution limitations not allowing supporters to give the full $6,000 to Harris' gubernatorial campaign is unconstitutional.
"We look forward to a full determination in early April and to Mayor Harris' campaign moving forward unfettered."