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IN THE SUPREME COURT OF THE STATE OF HAWAI#I --- o0o ---

RUSSELL BLAIR, Plaintiff-Appellee, vs. JEREMY HARRIS, in his individual capacity and as Mayor of the City and County of Honolulu, Defendant-Appellant.

NO. 24986 APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 02-1-0008-1) MAY 7, 2002 MOON, C.J., LEVINSON, AND NAKAYAMA, JJ., AND RAMIL, J., CONCURRING SEPARATELY, AND ACOBA, J., CONCURRING IN PART AND DISSENTING IN PART

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 Blair, 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

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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)

Download Blair v. Harris. Concurring in Part and Dissenting in Part Opinion by J. Acoba.

Hawaii Law