Legal Defense

As you may be aware, Rep. Mina Morita is being opposed in the General Election by a Republican candidate who was illegally allowed to be named by the Republican party in a ‘sleight of hand’ move that saw David R. Hamman file to run for the District 14 State House seat, then withdraw his nomination papers 32 minutes later and file for the District 7 State Senate seat. All of this was done prior to the close of filing on July 20 so Hamman was never a candidate for the District 14 State House seat and it is clear from Hamman’s own statements that it was never his intent to run for the House seat. This was simply an effort to game the system.

The Office of Elections, in an unprecedented move, then allowed the Republican Party to name Harry E. Williams as candidate after the close of filing based on Hamman’s withdrawal. This is an interpretation of the law that would make future election filing deadlines meaningless since either party could create placeholder candidates only to have them withdraw, and allow the party to name candidates after the close of filing.

On August 15, 2010 the Kauai County Committee of the Democratic Party voted to challenge Williams' placement on the ballot, on the basis that Hamman's filing papers are incomplete. On August 18, Steven Nishimura, Chair, filed the challenge in the Fifth Circuit Court in Lihue based on the simple fact that Hamman did not sign the Oath or Affirmation or the certification declaring that he was a partisan candidate as clearly required by the law which states "nomination papers which are incomplete and do not contain all of the certifications, signatures, and requirements of this section shall be void and will not be accepted for filing by the chief election officer or clerk."

It is the feeling of the Committee that rule of law, fairness and matters of principal demand that we act in opposition to a process that was fundamentally incorrect. Without trust in our electoral process and a vigorous defense thereof, we have no democracy.

Unfortunately, defense of democracy isn't free and because Party funds are limited, we have established a special legal fund to support this effort. I hope that you will take a stand with us to shore up the underpinnings of our democracy and contribute whatever you can.

Please send all contributions to P.O. Box 3936, Lihu`e HI 96766 payable to: The Democratic Party of Kauai and note that they are for the “Legal Defense Fund.”

Additional Information Links: Do I have a Race? I think not. Race Update First Foul