WAILUKU » County Clerk Roy Hiraga said the election of a Maui County Council member from Lanai will take place today, despite a decision from a state board that one candidate has voting eligibility elsewhere.

The three-member Board of Registration issued the ruling Sunday, saying Sol Kaho'ohalahala was eligible to vote in Lahaina, not Lanai.

Board Chairman John Henry said Kaho'ohalahala didn't fulfill the requirements of a voter to cast a ballot as a Lanai resident. Henry said the scope of the decision did not include whether Kaho'ohalahala was eligible as a candidate to run as a council member from Lanai.

Hiraga said yesterday the voting to choose a council member from Lanai will go forward, although a number of issues remain unresolved, including whether Kaho'ohalahala will be able to serve as a council member from Lanai if elected.

“;Subsequent to the completion of the elections, we'll continue discussions of various issues,”; Hiraga said.

Kaho'ohalahala 's attorney, Lance Collins, said the board made a number of mistakes in its decision and did not follow state law. Collins called the attempt to challenge Kaho'ohalahala 's residency a “;smear campaign”; by his opponents.

“;It's just a way to confuse people and scandalize Sol's name,”; Collins said.

Collins said Kaho'ohalahala planned to appeal the decision to the Hawaii Intermediate Court of Appeals.

“;Nothing happens until a real court makes a valid determination,”; Collins said.

Collins said Kaho'ohalahala has already voted in the primary and cast an early ballot in the general election as a Lanai resident.

Kaho'ohalahala did not testify at the hearing Friday on the advice of his attorney.

Henry said Kaho'ohalahala changed his residency in 2006 to Lahaina, where he has lived with his wife, who is a school vice principal.

Hiraga said in mid-October that Kaho'ohalahala was eligible to run as a council member with residency on Lanai, in part because he intends to live there in a family home.

Kaho'ohalahala served as a Council member from Lanai from 1995-1998, before serving as a state House member and later as executive director for three years for the Kahoolawe Island Reserve Commission.