Oral Arguments before the Hawai`i Supreme Court
NO. 29464 – Thursday, August 20, 2009 – 9 a.m.
MICHAEL P. DUPREE, Appellant-Appellee, vs. ROY T. HIRAGA, Clerk of the County of Maui, and SOLOMON P. KAHO’OHALHALA, Appellees-Appellants.
(Board of Registration)
Attorney(s) for Appellees-Appellant(s)
Benjamin E. Lowenthal for Solomon P. Kaho’ohalahala. and Honorable Brian T. Moto, Corporation Counsel, and Jane E. Lovell, Deputy Corporation Counsel, County of Maui, for Roy T. Hiraga
Attorney(s) for Appellant-Appellee(s)
Kenneth R. Kupchak, Robert H. Thomas and Christi-Anne H. Kudo-Chock (Damon Key Leong Kupchak Hastert)
NOTE: Order granting and accepting Application for Transfer filed 7/1/09.
COURT: RTYM, CJ; PAN, SRA, JED & MER, JJ.
Appellants Solomon P. Kaho`ohalahala and Roy T. Hiraga appeal the Findings of Fact, Conclusions of Law and Decision entered by the Board of Registration of the County of Maui (“Board”) on November 1, 2008. Hiraga, the Maui County Clerk, ruled in response to complaints by Appellee Michael P. Dupree and other voters that Kaho`ohalahala was properly registered to vote on Lana`i in 2008. Dupree appealed to the Board, which overruled Hiraga’s determination and concluded that Kaho`ohalahala was a resident of Lahaina for purposes of the 2008 election. The questions on appeal include whether: (1) the Board lacked jurisdiction because Dupree’s complaint was an untimely challenge to Kaho`ohalahala’s eligibility to be a candidate for the Lana`i seat on the Maui County Council, rather than his voter registration, (2) the Board exceeded its jurisdiction by addressing issues beyond Kaho`ohalahala’s voter registration, and (3) the Board erred in concluding that Kaho`ohalahala was not a Lana`i resident.