Candidate Eligibility

[opihikao]

quote:

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Originally posted by PauHana

It's called blaming the messenger.

History is full of "why didn't anybody do anything" laments by people who never do anything.

" silence is complicity and defensiveness is endorsement" David Sirota

A voice of courage is often only quietly appreciated until the danger has passed.

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Love this post, and others you make, PauHana. This is good (bold by me).

Mahalo.

JMO.

ETA: Fix bold.

[kjlpahoa]

quote:

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Originally posted by csgray

I think Sativa ended up "taking the hits" here because of both the virulent tone and sheer volume of her posts. I would understand why Frankie might not want to associate herself with someone who presents herself the way Sativa does on line, that doesn't preclude Frankie from filing a separate complaint on her own, that is not directly related to Sativa.

Carol
Not my circus, not my monkeys.

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Carol, I think you need to carefully read the newspaper article and you will see that Sativa is a co-complainant with Frankie. I think the reason Sativa has volumes of postings is that she is the one who did all the preliminary research and she probably just wanted to get the word out.

[missydog1]

Yes, it is a very good post and quote, PauHana.

I genuinely commit myself to speaking up when I see something wrong that I feel I understand enough or can give something to make a difference. I have gotten myself into a lot of hot water doing that, but it's my nature.

I really believe that all the talk of not giving any energy to upsetting things, while it may be a good strategy for self calm and stress avoidance, leads to a lot of good people thinking they are being most good by doing and saying nothing. If saying nothing leads to a good result, that is excellent. If it allows people to proceed who take advantage of that, harm is proliferated.

The greatest weapon I've seen used to discredit people who speak up is that they are pursuing a personal vendetta. Ah, it is personal, people think, so I want nothing to do with it. It's an effective strategy.

It seems difficult for people who are not into speaking out to understand the motives of people who believe something is wrong and that needs to be said. Sometimes though, it is just that simple. It's not about envy, revenge, mean-spiritedness, self-aggrandisement -- it's just about waging a battle against what is not good and fighting for even a small bit of justice.

I do find causes more compelling that are laid at my doorstep by some event or relationship. To me those are causes that came into my life, I hope for a reason. I don't feel called upon to pursue every wrong and injustice I see a glimpse of. No one has time for that. I am not someone who feels I can make a difference in a national or global field that I don't know much about, but I do feel that local issues are a place that one or a few can be heard.

The downside of speaking up about people I actually know is that I will get characterized as pursuing a vendetta, and that is an unpleasant price tag. But, I hope I am strong enough to pursue what I think is right and not to back down because of name-calling.

The plus side of speaking up is that like-minded people find you and that is a community. []

I encourage anyone who wants to speak up to do so and not let yourself be shamed into silence.

Kathy

[missydog1]

I found the article about the group of 8, back on August 7. Only four of the eight are named in the article: RoxAnne Lawson, RJ Hampton, Sativa Sultan, Frankie Stapleton.
http://westhawaiitoday.com/news/decision...oter-fraud

I think that today's articles are a continuation of that effort, but I am not entirely sure. Point being that the article from the 7th makes it clear that RJ and Sativa are not working alone. The actions of the 7th were not discussed much here because the storm hit, and then there was the voting brouhaha and extended campaigning, and the recovery.
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Pasted in for slow internet connections:

By TOM CALLIS
stephens media hawaii
Eight people gathered Wednesday at the State Building in Hilo to announce they will request the state Attorney GeneralÕs Office investigate alleged voting and tax irregularities by Tiffany Edwards Hunt, who is running for the County Council District 5 seat.

The group included Roxanne Lawson, former Democratic Party precinct chairwoman for District 4, District 5 council candidate RJ Hampton and her campaign manager, Sativa Sultan.

They allege Edwards Hunt committed voter fraud by using the address of her husbandÕs surf shop in Pahoa on her voter registration form in the 2010 and 2012 elections rather than her home in Hawaiian Acres. They also request the office look into a homeownerÕs tax exemption Edwards Hunt received for a house in Hilo while she lived in Hawaiian Acres.

ÒWe believe politicians are obligated to follow the same laws as their constituency,Ó Lawson said.

Meanwhile, County Clerk Stewart Maeda said he will forward voter fraud complaints against Edwards Hunt to the county Prosecuting AttorneyÕs Office.

Maeda said he received complaints from Frankie Stapleton and Sultan.

He said he could not investigate the complaint himself, or assess its merits, since the allegations have to do with previous elections.

ÒBut because there were possible criminal violations, we are going to refer it to the ProsecutorÕs Office,Ó Maeda said.

Knowingly falsifying voter registration information is a Class C felony punishable by up to five years in prison or up to a $10,000 fine, or both.

Maeda last week said he could not investigate a complaint from Sultan regarding Edwards HuntÕs eligibility to run in the Puna mauka race Ñ because she receives the tax break for the Hilo home Ñ since the deadline for candidate challenges has passed. Owners must live in a residence for at least 200 days a year to receive the homeownerÕs exemption, and Sultan questioned whether that makes her a Hilo resident.

In a statement, Edwards Hunt called the complaints a distraction.

ÒWhile I support every citizenÕs right to petition the government, IÕm confident that the AG will find no merit to this latest challenge,Ó she said.

According to the countyÕs election records, Edwards Hunt listed the surf shop at 15-2883 Pahoa Village Road as her voting address from Nov. 24, 2008, until Sept. 26, 2013. She listed a post office box as her mailing address.

In the 2012 election, her home on Wao Kele Road was in Council District 5, while the surf shop was in Council District 4.

In the 2010 election, Edwards HuntÕs home was in Council District 6, while the surf shop was in Council District 5.

District boundaries changed for the 2012 election following redistricting. They remain the same for this yearÕs election.

Edwards Hunt changed her voting address to her Hawaiian Acres home in September 2013.

That home was previously her voting address from March 2008 until Nov. 24, 2008.

Before that, she used the address for a house she owns on Kaikuono Street in Hilo for voting.

In an interview last week regarding SultanÕs previous complaint, Edwards Hunt said she lived in Hawaiian Acres since about 2006.

County tax records show she received a homeownerÕs tax exemption for the Hilo house since 2004.

Edwards Hunt said she wasnÕt aware the exemption was still in effect until she received a letter from the county asking for the status to be clarified.

Edwards Hunt removed the exemption, which takes effect next year. She said she didnÕt think she owed the county tax revenue, and claimed she met the qualifications Òat timesÓ since moving to Hawaiian Acres.

That house is used as a rental and is listed for sale.

West Hawaii Today reporter Nancy Cook Lauer contributed to this report.

Email Tom Callis at tcallis@hawaiitribune-herald.com.

- See more at: http://westhawaiitoday.com/news/decision...JTckU.dpuf

Kathy

[Algier Dino]

It seems that most of the commenters here seem confused about the "legal" definition of FRAUD. All
law dictionary references to FRAUD explicitly state intent is the subject matter.

My personal opinion is this accusation of FRAUD is a fabrication. Everyone knows what opinions are like, yes?

If the prosecutor cannot prove criminal intent there will be no case.

And my swammy prediction is Ms. Edwards-Hunt will win the District 5 County Council Seat.

Hang on to your hats folks, it's going to be a bumpy ride!

...the brave may not live forever but the cautious do not live at all...

[PauHana]

Definition of Fraud

All multifarious means which human ingenuity can devise, and which are resorted to by one individual to get an advantage over another by false suggestions or suppression of the truth. It includes all surprises, tricks, cunning or dissembling, and any unfair way which another is cheated.

Source: Black’s Law Dictionary, 5th ed., by Henry Campbell Black, West Publishing Co., St. Paul, Minnesota, 1979.

[steve1]

Way back in high school I took a "Common Law" class and the instructor said there were 7 very specific tenets of fraud and that to successfully convict someone of fraud each and every tenet had to be proven. He said it was very difficult to prove and that is why so few people are actually convicted of fraud.

Now that information was a few decades old and I realize The Supremes have been busy reinterpreting the Constitution to assist the corporate benefactors who appoint Supreme Court Justices, but I seriously doubt they have made it any easier to prove fraud. After all, do you know anyone who has actually been convicted of Fraud?

[missydog1]

The tort fraud is difficult to prove, mostly because of the intent element. People who are good at fraud don't leave a trail of evidence showing it was their intent to defraud.

The standard probably should be high, because a fraud judgment allows for punitive damages to be set by a jury, whereas breach of contract is actual damages IIRC. Breach of contract doesn't require intent to be proven.

Algier Dino was told before that the Black's definition is not relevant to this case. This is not that type of fraud case. The complaint is "voter fraud" under Hawai'i Revised Statutes, H.R.S. ¤ 19-3.5(3) and possibly (4) The definition of voter fraud under this statute is quite simple.

There is another statute that defines residence, and another that defines the state of mind "knowing" and the related state "wilfuly" used in the statute. If you want to see them I will give them to you.

Common law is an area of law for deciding cases when there is no governing statute. If the State of Hawai'i has a specific statute on an offense, the statute controls and states the elements that must be met. The Supreme Court of Hawai'i rules on interpretations of the statute, as does the Appellate Court.

It is irrelevant to this complaint how Black's Law Dictionary defines ordinary fraud. The HRS definition of voter fraud was already copied into the topic at least once, but I can recopy it if people want to see it.

Note that the article says TEH has not been charged, which is true but doesn't mean she won't be. The Prosecutor doesn't charge until the police complete their investigation and forward it on. Then the Prosecutor evaluates the case.

Kathy

[PauHana]

" After all, do you know anyone who has actually been convicted of Fraud?"

Google - FRAUD CONVICTIONS

Note at the end:

"In order to show you the most relevant results, we have omitted some entries very similar to the 295 already displayed."

[KeaauRich]

Whether she is convicted of any crime, or had the intent to commit any crime, it all boils down to one question for me: If Tiffany doesn't have the smarts to figure out personal issues like where her residence is for a) homeowner exemption purposes and/or b) voting purposes, why should we assume she has the smarts to deal with the even more complex County-wide issues she would face as a member of the Council. Based on what I saw as smug demeanor when asked about these issues, I believe she knew exactly what she was doing in both cases and she thinks we're too dumb to hold her accountable for her actions.

Speaking only for myself, I'm not that dumb...