Kawauchi v. David

293 P.3d 617, 129 Haw. 77, 2012 WL 6552915, 2012 Haw. App. LEXIS 1079
Hawaii Intermediate Court of Appeals·Decided December 13, 2012·No. No. CAAP-10-0000066·Published

Opinion

Opinion of the Court by

REIFURTH, J.

This appeal involves (1) a constitutional challenge to Article III, Section 3-3 of the County Charter for the County of Hawai'i (“Section 3—3”),1 which requires that a candidate for local public office be registered to vote in the district in which the candidate intends to run for at least ninety days before the primary election, (2) a claim that the appeal by the County of Hawai'i is moot, and (3) a claim that the Circuit Court of the Third Circuit (“Circuit Court”)2 lacked authority to consider the county clerk’s challenge to the candidate’s nomination papers because certain procedural deadlines under Hawaii Revised Statutes (“HRS”) § 12-83 were not met.

We agree that the public-interest exception to the mootness doctrine applies, but conclude that the procedural deadlines in HRS § 12-8 are mandatory and not directory. Therefore, the Circuit Court lacked the authority to decide the county clerk’s challenge at the time that it issued its final judgment, [79] and we do not address Section 3-3’s constitutionality.

I. Background

A. The complaint and summons.

On August 2, 2010, Kenneth G. Goodenow,4 in his official capacity as County Clerk of the County of Hawai‘i (“County Clerk”), filed a Complaint for Declaratory Relief (“Complaint”) in the Circuit Court pursuant to HRS § 12-8 that contained the following allegations: On June 25, 2010, Defendant-Appellee/Cross-Appellant Maile P. David (“David”) presented herself in the Kona Satellite Elections Office (“Kona Office”) “to apply for nomination papers to run as a candidate in Council District 6.” David used to live in Council District 7 and, as of June 25, 2010, remained registered to vote in Council District 7. While David was attempting to obtain nomination papers, county employees determined that she did not meet Section 3-3’s ninety-day-registered-voter requirement and informed her of this determination. David left the Kona Office with the application form for the nomination papers.

On July 1, 2010, David sent a letter to the County Clerk demanding that she be allowed to file nomination papers as a candidate for Council District 6. The County Clerk rejected David’s demand on the grounds that David was not eligible to run for office in Council District 6.

On July 7, 2010, David filed a Petition for Preemptory Writ of Mandamus Directed to the Respondent Kenneth Goodenow, County Clerk of the County of Hawai'i, State of Hawai'i (“Mandamus Petition”) with the Ha-wai'i Supreme Court, seeking an order directing the County Clerk to issue nomination papers to David and to then receive and file those papers. The supreme court granted the Mandamus Petition in part on July 15, 2010, and ordered the County Clerk to issue the nomination papers.

On July 19, 2010, David filed her nomination papers with the County Clerk. David “certified under penalty of law that she Swill qualify under the law for the office for which [she is] seeking.’ ”

On July 20, 2010, the County Clerk accepted and filed David’s nomination papers, placing David on the ballot as a candidate for Hawai'i County Council for Council District 6. That same day, David filed a complaint with the Circuit Court in Civil No. 10-1-259K, David, v. Goodenow, seeking, among other things, a determination that the 90-day-registered-voter requirement in Section 3-3 is “invalid, unconstitutional or otherwise not applicable” to David.5

On July 22, 2010, the County Clerk sent a letter to the Elections Program Administrator for the County Office of Elections giving official notice that he objected under HRS § 12-8(a) to David’s qualifications “to seek election to and serve as the representative of Council District 6” and “formally notified” David of his objections. Based on these allegations, the County Clerk filed the Complaint with the Circuit Court on August 2, 2010, seeking, among other things, a declaration that David “does not meet the legal criteria for the holding of Council office....” That same day, the Clerk of the Circuit Court issued a standard Summons that required David to serve an answer to the Complaint within 20 days following service of the Summons.

On August 10, 2010, David filed a document dated August 5, 2010 entitled Return and Acceptance of Service of Complaint Filed August 2, 2010 (“RASC”), which stated: “MAILE P. DAVID, the Defendant herein, by and through her attorney, accepts service of the Complaint of Declaratory Relief (with attached Exhibits 1 to 6 and Summons) filed August 2, 2010 and by this pleading makes due return as to the service of said summons.”

[80] B. David’s motion for partial summary judgment.

On August 11, 2010, David filed a motion for partial summary judgment, arguing that the Circuit Court lacked subject matter jurisdiction over the Complaint. First, David noted that pursuant to HRS § 12-8(e), the County Clerk was required to file the Complaint in the Circuit Court within seven working days after the date “the objection was filed.” David claimed that the County Clerk’s objection was filed on July 20, 2010, the date she received a letter from the County Clerk, addressed to her, which stated:

Upon further consideration and consultation with the Office of Corporate Counsel, I will accept the filing of your nomination papers....
As discussed with you by telephone, I will file an objection pursuant to Hawaii Revised Statutes [sic] Section 12-8 and will subsequently file a complaint in circuit court for a determination of this objection.

David argued that the County Clerk’s subsequent July 22, 2010 letter to the Elections Program Administrator was unnecessary and had “no meaning or legal value.” Thus, David argued, the Complaint was untimely under HRS § 12-8(e) as it was not filed within seven working days after July 20, 2010, and, as a result, the Circuit Court “cannot grant relief under [the County Clerk’s] Complaint.”

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Kawauchi v. David, 293 P.3d 617, 129 Haw. 77, 2012 WL 6552915, 2012 Haw. App. LEXIS 1079 (hawapp 2012).

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