11-13-2014, 12:26 PM
Back to snorkle's remarks about an elaborate conspiracy, and the comments about motive, let's look again at the actual elements of this offense that is under investigation, instead of spouting off on your own impressions of the elements.
Does a person who reads and speaks English knowingly take an oath when signing a voter registration affidavit in the State of Hawai'i?
Yes, on the face of it. it is an oath. Above the information box, it says, in Bold and CAPS as below:
I HEREBY SWEAR (OR AFFIRM) THAT THE FOLLOWING INFORMATION IS TRUE AND CORRECT:
Directly under the signature space, there is a black box that states:
WARNING: ANY PERSON WHO KNOWINGLY FURNISHES FALSE INFORMATION MAY BE GUILTY OF A CLASS C FELONY, PUNISHABLE BY UP TO 5 YEARS IMPRISONMENT AND/OR $10,000 FINE.
Second element:
"wilfully makes any false statement of fact while under oath therein"
HRS defines "wilfully" as the same as "knowingly." If the person fills out the form containing the above oath, and signs it, and writes a false statement of a fact on the Affidavit, and is aware the fact is false, that is all that is required to meet this element.
It is not an element that the person should even vote; the false swearing on the registration is the criminal act. Believable motive or intent to defraud or successful manipulation of an election are not legal elements to this offense. There is no element requiring this person to be a candidate for elective office. Any ordinary voter can commit this crime.
The "statement of fact" in question is the response to "Residence Address in Hawaii." On the instructions, it is clearly stated that a Business Address is Not Acceptable.
There is a separate statute of Hawaiian law that defines residency for voting purposes, HRS ¤11-13.
Summarized in this fact sheet.
http://hawaii.gov/elections/factsheets/html/fsvs512.htm
This whole discussion should be starting with whether or not it was a false fact that Tiffany and Jeff's residence address was at the shop address on Pahoa Village Road, in early November 2008.
Note that Tiffany filled out the same State of Hawai'i affidavit form on Feb. 18, 2008, 9 months prior, swearing it was true and correct that she now lived at Jeff's house, their family home, in Hawaiian Acres. Jeff Hunt was already registered at that address. What justification did they have for reregistering in another district?
According to the Hawai'i Supreme Court, October 2009, if a voter is properly registered in one district, it is necessary to "abandon" the prior residence completely in order to legally register in another district, because the intent to move must be to permanently relocate.
Does anyone who knows the family want to argue that in November 2008 they moved out of the Hawaiian Acres home into the surf shop, and lived there for the next five years, and then moved back to Hawaiian Acres in September of 2013?
In addition, Tiffany and Jeff had active two home exemptions as a married couple, which is not allowed when they live together -- one on the jointly owned property in Hilo, and one on Jeff Hunt's house in Hawaiian Acres, which he later removed in 2011. No exemption was ever filed on the address they listed as residence on their voter registration for those years.
Hawai'i Supreme Court cites HAR (Hawai'i Administrative Rules), which states it is a "rebuttable presumption" that the property on which a homeowner's exemption is placed is the residence for voting purposes.
You apologists can go on and on about motive and conspiracy and intent, but this question of fact as to their residence is the actual subject of the police investigation.
Ironically, if by chance they really had moved to Pahoa Village in 2008, and were legally registered there, then Tiffany would have needed to make a real permanent physical relocation to Hawaiian Acres in order to make her 2013 change of address valid.
In any case, Tiffany has already admitted in print that she didn't meet the residency requirement for District 4, that she was registered in the wrong district. That is why she had to turn down the position on the Windward Planning Commission that required her to be a resident of District 4. She lived in District 5 at the time she was nominated. There was no way she could accept and legally hold that position, why, because she DID NOT live in the small living quarters behind the shop front at Jeff Hunt Surfboards.
Kathy
quote:As you can see, the adverb "knowingly" modifies "takes an oath in this title prescribed or authorized by law."
.[¤19-3.5 (3)] Voter fraud. The following persons shall be guilty of a class C felony:
(3) Any person who knowingly takes an oath in this title prescribed or authorized by law and wilfully makes any false statement of fact while under oath therein;
Does a person who reads and speaks English knowingly take an oath when signing a voter registration affidavit in the State of Hawai'i?
Yes, on the face of it. it is an oath. Above the information box, it says, in Bold and CAPS as below:
I HEREBY SWEAR (OR AFFIRM) THAT THE FOLLOWING INFORMATION IS TRUE AND CORRECT:
Directly under the signature space, there is a black box that states:
WARNING: ANY PERSON WHO KNOWINGLY FURNISHES FALSE INFORMATION MAY BE GUILTY OF A CLASS C FELONY, PUNISHABLE BY UP TO 5 YEARS IMPRISONMENT AND/OR $10,000 FINE.
Second element:
"wilfully makes any false statement of fact while under oath therein"
HRS defines "wilfully" as the same as "knowingly." If the person fills out the form containing the above oath, and signs it, and writes a false statement of a fact on the Affidavit, and is aware the fact is false, that is all that is required to meet this element.
It is not an element that the person should even vote; the false swearing on the registration is the criminal act. Believable motive or intent to defraud or successful manipulation of an election are not legal elements to this offense. There is no element requiring this person to be a candidate for elective office. Any ordinary voter can commit this crime.
The "statement of fact" in question is the response to "Residence Address in Hawaii." On the instructions, it is clearly stated that a Business Address is Not Acceptable.
There is a separate statute of Hawaiian law that defines residency for voting purposes, HRS ¤11-13.
Summarized in this fact sheet.
http://hawaii.gov/elections/factsheets/html/fsvs512.htm
This whole discussion should be starting with whether or not it was a false fact that Tiffany and Jeff's residence address was at the shop address on Pahoa Village Road, in early November 2008.
Note that Tiffany filled out the same State of Hawai'i affidavit form on Feb. 18, 2008, 9 months prior, swearing it was true and correct that she now lived at Jeff's house, their family home, in Hawaiian Acres. Jeff Hunt was already registered at that address. What justification did they have for reregistering in another district?
According to the Hawai'i Supreme Court, October 2009, if a voter is properly registered in one district, it is necessary to "abandon" the prior residence completely in order to legally register in another district, because the intent to move must be to permanently relocate.
Does anyone who knows the family want to argue that in November 2008 they moved out of the Hawaiian Acres home into the surf shop, and lived there for the next five years, and then moved back to Hawaiian Acres in September of 2013?
In addition, Tiffany and Jeff had active two home exemptions as a married couple, which is not allowed when they live together -- one on the jointly owned property in Hilo, and one on Jeff Hunt's house in Hawaiian Acres, which he later removed in 2011. No exemption was ever filed on the address they listed as residence on their voter registration for those years.
Hawai'i Supreme Court cites HAR (Hawai'i Administrative Rules), which states it is a "rebuttable presumption" that the property on which a homeowner's exemption is placed is the residence for voting purposes.
You apologists can go on and on about motive and conspiracy and intent, but this question of fact as to their residence is the actual subject of the police investigation.
Ironically, if by chance they really had moved to Pahoa Village in 2008, and were legally registered there, then Tiffany would have needed to make a real permanent physical relocation to Hawaiian Acres in order to make her 2013 change of address valid.
In any case, Tiffany has already admitted in print that she didn't meet the residency requirement for District 4, that she was registered in the wrong district. That is why she had to turn down the position on the Windward Planning Commission that required her to be a resident of District 4. She lived in District 5 at the time she was nominated. There was no way she could accept and legally hold that position, why, because she DID NOT live in the small living quarters behind the shop front at Jeff Hunt Surfboards.
Kathy