Blair v. Harris

45 P.3d 798, 98 Haw. 176, 2002 Haw. LEXIS 286
CourtHawaii Supreme Court
DecidedMay 7, 2002
Docket24986
StatusPublished
Cited by24 cases

This text of 45 P.3d 798 (Blair v. Harris) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blair v. Harris, 45 P.3d 798, 98 Haw. 176, 2002 Haw. LEXIS 286 (haw 2002).

Opinions

Opinion of the Court by

MOON, C.J.

Defendant-appellant Jeremy Harris appeals from the March 11, 2002 order of the First Circuit Court, the Honorable Sabrina M. McKenna presiding, granting declaratory relief in favor of plaintiff-appellee Russell Blah-, and from the March 14, 2002 entry of judgment thereon. The circuit court ruled that article 2, section 7 of the Hawai'i Constitution [hereinafter, section 7], which requires any elected public officer to resign from office “before being eligible as a candidate for another public office, if the term of the office sought begins before the end of the term of the office held[,]” required Harris to have resigned from his office as Mayor of the City and County of Honolulu by the time that he filed a gubernatorial campaign spending organizational report on May 15, 2001. Harris contends that the circuit court erred because “filing nomination papers under [Hawai'i Revised Statutes (HRS) § 12-2 (Supp.2001) ] is the relevant point in time for purposes of being forced to resign under [section 7.]”

We hold that, under section 7, a public officer becomes “eligible as a candidate for another public office” at the time he or she files nomination papers for the second office. Therefore, he or she must resign from his or her present office before filing nomination papers for the second office, if the term of the office sought begins before the end of the term of the office held. Accordingly, we reverse the judgment of the circuit court.

I. BACKGROUND

Harris is the current mayor of the City and County of Honolulu. His term of office began on January 2, 2001 and will expire on January 2, 2005. In April 2001, Harris announced his intention to run for the office of Governor of the State of Hawai'i. On May 15, 2001, Harris filed a gubernatorial campaign organizational report with the Campaign Spending Commission. A committee working on behalf of Harris has raised more than $100,000 in support of his quest for the governor’s office. The general election for governor is in November of this year. The deadline for filing nomination papers for the election is July 23, 2002. The term of the newly-elected governor will begin on Monday, December 2, 2002. Thus, the term of the office that Harris seeks will commence before the term of the office he presently holds expires. As of this date, Harris has not filed nomination papers and has not resigned his current office as mayor.

On January 3, 2002, Blah-, a resident, taxpayer, and registered voter in Honolulu, filed a complaint for declaratory relief in the circuit court. Blah- sought: (1) a declaratory judgment that Harris violated section 7 because he was required to resign his current position as Mayor when he filed his gubernatorial campaign organizational report pursuant to HRS § ll-194(a) (Supp.2001);1 and (2)(a) an injunction restraining Harris from continuing to serve as Mayor and removing him from that office or, alternatively, (b) an injunction restraining Harris from soliciting campaign contributions or making campaign expenditures and requiring Harris to withdraw his campaign organizational report. Blah- subsequently moved for partial sum[178]*178mary judgment as to the declaratory relief sought. Harris moved for judgment on the pleadings or, in the alternative, summary judgment on the ground that section 7 does not require him to resign until he files nomination' papers pursuant to HRS § 12-3(a).2

Following a consolidated hearing on March 11, 2002, the circuit court ruled in favor of Blair and against Harris. The court ruled that section 7 became applicable to Hams “at least” at the time he filed his campaign spending organizational report. The court’s ruling was based on its determination that the phrase “eligible as a candidate” was “patently ambiguous” as between the interpretations offered by either party. In order to resolve this ambiguity, the circuit court looked primarily to its perception of the intent of the framers of section 7 and of the voters who ratified it, the ordinary meaning of the word “candidate,” and the objectives sought to be served by section 7. The circuit court determined that all of the foregoing considerations weighed in favor of Blair’s position. The court subsequently stayed its order pending appeal, and a judgment certified pursuant to Hawai'i Rules of Civil Procedure Rule 54(b) (HRCP) (2000)3 was entered March 14, 2002. Harris timely appealed.

II. STANDARDS OF REVIEW

An order granting summary judgment is reviewed de novo, using the same standard as that applied by the circuit court: whether there were any genuine issues of material fact and whether the movant was entitled to judgment as a matter of law. Keliipuleole v. Wilson, 85 Hawai'i 217, 220-21, 941 P.2d 300, 303-04 (1997) (citation omitted).

Issues of constitutional interpretation present questions of law that are reviewed de novo. Price v. Zoning Bd. of Appeals, 77 Hawai'i 168, 171-72, 883 P.2d 629, 632-33 (1994).

In construing the constitution, we observe the following basic principles:

Because constitutions derive their power and authority from the people who draft and adopt them, we have long recognized that the Hawai'i Constitution must be construed with due regard to the intent of the [179]*179framers and the people adopting it, and the fundamental principle in interpreting a constitutional provision is to give effect to that intent. This intent is to be found in the instrument itself.
... [T]he general rule is that, if the words used in a constitutional provision are clear and unambiguous, they are to be construed as they are written. In this regard, the settled rule is that in the construction of a constitutional provision the words are presumed to be used in their natural sense unless the context furnishes some ground to control, qualify, or enlarge them.
Moreover, a constitutional provision must be construed in connection with other provisions of the instrument, and also in the light of the circumstances under which it was adopted and the history which preceded it.

Hawaii State AFL-CIO v. Yoshina, 84 Hawai'i 374, 376, 935 P.2d 89, 91 (1997) (internal quotation marks, citations, brackets, and ellipsis points omitted).

III. DISCUSSION

Section 7 states:

Any elected public officer shall resign from that office before being eligible as a candidate for another public office, if the term of the office sought begins before the end of the term of the office held.

Harris contends that the plain language of section 7 supports the conclusion that the act of filing nomination papers triggers the resignation requirement.

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Blair v. Harris
45 P.3d 798 (Hawaii Supreme Court, 2002)

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Bluebook (online)
45 P.3d 798, 98 Haw. 176, 2002 Haw. LEXIS 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blair-v-harris-haw-2002.