Candidate Eligibility

[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