Harris appeals Lawyers for Honolulu Mayor Jeremy Harris urged the state Supreme Court to reverse a lower court ruling that he step down before campaigning for governor.
campaign ruling
The state high court considers
a challenge to the resign-to-run lawBy Rick Daysog
rdaysog@starbulletin.comIn a 35-page opening brief filed with the high court yesterday, attorney Robert Klein argued that Circuit Judge Sabrina McKenna erred when she failed to apply the plain language reading of Hawaii's resign-to-run constitutional amendment.
Under the intent of the amendment and subsequent court decisions, Harris is not required to resign until he files his nomination papers, said Klein.
Harris, who has suspended his campaign for governor pending the appeal, has said he would resign as mayor on or near July 23, when he files his nomination papers.
"The Circuit Court's decision thus represents a radical departure from the well-established interpretation and application of Article II," Klein said.
McKenna ruled that Harris should have resigned last May when he filed an organizational report with the state Campaign Spending Commission. The ruling came on a lawsuit filed by Russell Blair, a former state District Court judge and state lawmaker.
The high court has agreed to fast-track Harris' appeal. Under an expedited briefing schedule, attorneys for Blair have until Tuesday to file its briefs while Harris has until April 21 to file a response.
The justices said they can rule once the case is fully briefed.
Harris, who plans to run for governor this year as a Democrat, has urged the high court to expedite its appeal, saying it affects other elected officials such as City Council members John DeSoto and Jon Yoshimura, who are considering campaigns for higher office.