Six Kaimuki-area voters want Hawaii Rep. Calvin Say to appear in court and prove that he鈥檚 a resident of the district he represents.
That district, House District 20, includes St. Louis Heights, Palolo, Maunalani Heights and Kaimuki.
But the plaintiffs allege in a recently filed Circuit Court petition that Say doesn鈥檛 live there. Instead, they say he, his wife and two children have been longtime residents of Pauoa Valley.
If true, the petition contends, Say, the longtime House Speaker, wouldn鈥檛 be qualified to represent District 20 in the state House.
, 鈥淣o person shall be eligible to serve as a member of the House of Representatives unless the person … is, prior to filing nomination papers and thereafter continues to be, a qualified voter of the representative district from which the person seeks to be elected…鈥
That law further forbids a lawmaker from representing one district while living in another, says the petition.
This isn鈥檛 the first time Say鈥檚 right to represent the district has been challenged 鈥 it鈥檚 come up on three separate occasions since 2006.
Still, previous efforts to call Say鈥檚 residency into question have been stymied by the fact that he鈥檚 still registered to vote in District 20.
Honolulu city clerks, who oversee voter registration, rejected each challenge, saying there was no evidence to suggest that Say didn鈥檛 maintain permanent residency at his 10th Avenue home.
What鈥檚 different about this challenge is that it asks Say to appear before the court and prove under oath that he lives in Palolo Valley.
鈥淗e doesn鈥檛 actually live there,鈥 said , a good-government attorney representing the plaintiffs. 鈥淔or voter registration purposes, they (the clerks) decided that he was a resident of the district … but he鈥檚 acknowledged that he doesn鈥檛 stay there regularly.鈥
A legal residency verified by voter registration doesn鈥檛 mean Say鈥檚 qualified to represent the district, Collins said.
鈥淚t鈥檚 a rule of law issue,鈥 Collins said. 鈥淚t鈥檚 not about whether he鈥檚 a good representative. It鈥檚 about whether or not we can really have credible and legitimate laws if the people who make them don鈥檛 follow them.鈥
But Say filed a motion last week asking that the petition be dismissed. Once again, the challenge involves an issue that should be addressed by the city clerk, according to the motion.
Say also requested compensation for any legal fees he鈥檚 incurred, saying that 鈥渢he claims asserted in the Petition are frivolous and are not reasonably supported by the facts and the law.鈥
Neither Say nor his lawyer, Bert Kobayashi, could be reached for comment Monday.
Say has served as House Speaker for 13 years, longer than any other speaker. But he’s stepping down this year.
Maui Rep. Joe Souki, another longtime House member and himself a former speaker, believes he has lined up enough votes among the members to unseat Say. The members are slated to vote on new leadership when the Legislature convenes on Wednesday.
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