Blair defends
resign-to-run lawsuit

A filing with the state high court
argues that Mayor Harris
should have resigned last year

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By Rick Daysog
rdaysog@starbulletin.com

The original intent of Hawaii's 24-year-old resign-to-run constitutional amendment required Honolulu Mayor Jeremy Harris to have stepped down last year, an attorney for former state Judge Russell Blair argued.

In a 17-page answering brief filed with the state Supreme Court yesterday, attorney Bill Deeley argued that that Circuit Judge Sabrina McKenna was correct when she ruled last month that Harris should have resigned 10 months ago when he filed his organizational report with the state Campaign Spending Commission.

"The plain words of the constitution require Harris' resignation," Deeley said. "The court did not err."

Deeley's brief was in response to arguments made last week by Harris' attorney Robert Klein, who is appealing McKenna's ruling.

Klein, who filed his opening brief on April 9, has argued that Harris did not have to resign until he files his nomination papers in July.

Blair, a former state lawmaker, sued for Harris' removal in January.

Deeley said that committee reports and other records from the 1978 constitutional convention indicate that the authors of the resign-to-run amendment meant that candidates seeking higher offices must step down once they file their organizational reports.

Deeley added the resign-to-run law was enacted to prevent public officials from abusing their office as they run for higher office.

"It is Blair's position that, after examining all the relevant factors, this court should set the line at on or before the date a public official files an Organizational Report with the state Campaign Spending Commission," Deeley said.

The high court has agreed to fast-track Harris' appeal and can rule on it as early as Monday, the deadline for Harris' attorneys to file a response brief.

Harris, who plans to run for governor this year as a Democrat, has suspended his campaign until the court rules.

He has urged the court to expedite its appeal, saying it affects other elected officials such as City Council members John DeSoto and Jon Yoshimura, who also are considering campaigns for higher office.