August 17, 2006
Denise De Costa, City Clerk, City & County of Honolulu, Honolulu Hale, Honolulu, HI 96813
RE: Challenge to the right of Calvin K. Y. Say and his wife, Cora K. Say, to
remain registered as voters in the
5th Precinct, 20th Representative District, State of Hawaii.
Dear Ms. De Costa,
I am Michael G. Palcic, a registered voter of the 6th Precinct, 20th
Representative District, State of Hawaii.
I am formally filing a challenge to the right of
Calvin K. Y. Say and Cora K. Say to remain registered as voters in the 5th
Precinct, 20th Representative District, State of Hawaii.
This challenge is based upon my personal observations and evaluation of
evidence presented to me that the Says do not reside at 1822 10th Avenue as
they represent in their respective voter registrations. Their fixed
habitation and permanent dwelling place, where they reside with other
family members, is at 2247 Star Road, Honolulu, located in the 26th
Representative District, State of Hawaii.
How have I become convinced that this is true and how might you determine
the veracity of this claim?
- ) By simple observation: The house at 1822 10th Avenue appears to be
vacant, not lived in. The drapes are drawn. Almost always, in the evening,
the premises are completely dark. The garage is empty. There are no
personal items around the exterior of the house, no slippers at the door, no
gardening implements, no signs of life. In marked contrast, the Say’s home
at 2247 Star Road is clearly occupied by them. Over the course of the last
two to three months I have taken to stopping by 1822 10th Avenue and have
driven by 2247 Star Road to make these observations. Since August 6, 2006, I
have kept a precise log of these visits which is attached as Exhibit 1. I
have also made photographs of the premises at 1822 10th Avenue, attached as
Exhibit 2.
- ) The Says own the house at 1822 10th Avenue and receive a homeowners
exemption on property tax assessments for the house, but the property tax
assessments and property tax bills from the City & County of Honolulu are
mailed to the Says at their home, 2247 Star Road, the seat of their
property. See Exhibit 3.
- ) You can seek to obtain, voluntarily or by subpoena, the the utility
bills for the house at 1822 10th Avenue.
I believe that unusually low electrical power consumption, for example, in
what is purported to be a family home, will bolster the challenge I make
here. You can examine other records such as school enrollments for evidence
of contradictory claims of residency.
- ) You can speak to neighbors, as I have done, who will candidly tell you
that the Says do not reside at 1822 10th Avenue. Similarly, you can inquire
of neighbors at 2247 Star Road as to the comings and goings there.
- ) You can obtain sworn statements of Calvin K. Y. Say and Cora Say,
individually, as to their residence over the last 15 years. I believe that
initially the Says did temporarily vacate the house at 1822 10th Avenue with
the intention of returning but that, over the course of time, their fixed
residence, their permanent dwelling has become 2247 Star Road. I believe
that the house at 1822 10th Avenue is maintained only as a shell, for the
purpose of maintaining their voter registration in the 20th Representative
District. The Says have a vital interest in maintaining this voter
registration, to wit: Calvin K. Y. Say has, over the years, repeatedly filed
nomination papers, been elected and served as Representative of the 20th
District in the Hawaii State Legislature. By law, no 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. The transparent falsehood of any claim by the Says that they
are merely absent from 1822 10th Avenue and intend to return there is
evident due to the length of time of their absence, now as much as 15 years,
or longer. Nor do the occasional visits to the property at 1822 10th Avenue
by Mr. Say in any way constitute establishment of residence there. Property
owners commonly check the condition, maintenance and repair of real property
with visits to the property, for example, but in no way does this constitute
residency for electoral purposes.
It is true that during the “election season” Calvin K. Y. Say spends more
time at 1822 10th Avenue than at other times during the year or during
off-election years. Perhaps, this makes early morning sign-waving more
convenient. Perhaps it is to deflect possible challenges like the one I make
today that he does not reside there. Apparently, neither Mrs. Say nor their
sons join him in these brief stays.
I have been elected to multiple terms to Neighborhood Board #5 and, in 1992,
was Say’s opponent in the general election. During these forays into the
public service realm, dating back at least 14 years, I have been approached
by persons who reported to me that Say does not live in our district and
should therefore be disqualified from holding office as its representative.
I have decided upon my own initiative to examine the veracity of these
claims and make my own determination.
I have no doubt that a thorough investigation by your office will clearly
establish that the Says, individually, and as a family have made permanent
and fixed their residence outside of the boundaries of Representative
District 20 and that your ruling will be that the Says have no right to
remain registered as voters of the 20th Representative District.
Sincerely yours,
Michael G. Palcic
"Be always sure you are right, then go ahead."
-- Davy Crockett 1786-1836
