August 6, 2018 Valri Lei Kunimoto Deputy Attorney General, State of Hawaii 425 Queen Street Honolulu, HI 96813 Dear Deputy Attorney General Kunimoto, I object to the ?preliminary decision? from the Of?ce of Elections and the Attorney General. Until a ?nal decision has been rendered by circuit court, the to post on their website that I am not a candidate. respectfully request that this be taken down immediately. 1. Where in the HRS does it state that the of?ce of elections is able to accept an objection after the deadline? Please refer to HRS 12?8 The Deadline to File Objection was Tuesday, June 12, 2018. 4:30 pm. An objection to a candidate's nomination paper may be made by the chief election of?cer, the clerk in County elections, 3 registered voter, or an of?cer of a quali?ed political party. All objections must be received not. later than 4:30 pm on the 60th day prior to the primary election (or next earliest Working day if that day is a Saturday, Sunday, or holiday). 2. The Supreme Court made it clear when deciding an election contest complaint in 2008. The deadline to ?le an objection is plain and unambiguous. Please refer to Tataii v. Cronin, 119 Hawai?i 337,198 P.3d 124 Where the language of a statute is plain and unambiguous that a speci?c time provision must be met, it is mandatory and not merely directory 3. Who ?led the objection? Was it a registered voter, a political party, or the chief of?ce of elections? There is a separate process for each type of objection. The letter from your of?ce stated ?it has come to our attention.? There was no clear determination of who objected based upon what evidence. Please refer to HRS 12-8 subsection b.c.d If an objection is made by a registered voter. the candidate objected thereto shall be noti?ed of the objection by the chief election of?cer or the clerk in the case of county of?ces by registered or certi?ed mail. If an objection is ?led by an of?cer of a political party with the circuit court, the candidate objected thereto shall be noti?ed of the objection by an of?cer of the political party by registered or certi?ed mail. Except for objections by an of?cer of a poiitical party ?led directly with the circuit court, the chief election of?cer or the clerk in the case of county offices shall have the necessary powers and authority to reach a preliminary decision on the merits of the objection; provided that nothing in this subsection shall be construed to extend to the candidate a right to an administrative contested case hearing as de?ned in section 914(5). The chief election of?cer or the clerk in the case of county of?ces shall render a preliminary decision not later than ?ve working days after the objection is ?led. 4. If the objection warrants disquali?cation, I would like to see your paperwork from the USCIS of?ce. if you have aforementioned papenrvork. I would like to know when you ?led the objection with circuit court. Please refer to HRS 12?8 subsection If the chief election of?cer or clerk in the case of county of?ces determines that the objection warrants the disquali?cation of the candidate. the chief election of?cer or clerk shall ?le a complaint in the circuit court for a determination of the objection; provided that the complaint shall be ?led With the clerk of the circuit court not later than 4:30 pm. on the seventh working day after the objection was ?led. 5. If the objection warrants disqualification, when did you notify the party? Please refer to HRS 11?117 subsection On receipt of the notice of death, withdrawal. or upon determination of disquali?cation, the chief election of?cer or the clerk shall inform the chairperson of the political party of which the person deceased, withdrawing, or disquali?ed was a candidate. When a candidate dies, withdraws, or is disquali?ed after the close of ?ling and the ballots have been printed, the chief election of?cer or the clerk may order the candidate's name stricken from the ballot or order that a notice of the death, withdrawai, or disquali?cation be prominently posted at the appropriate poliing places on election day. 6. You also referenced HRS 11?15 regarding a registered voter. When did the of?ce of eleCtions receive the appropriate papenNork and take the steps to disqualify me as a voter? Please refer to HRS 11-23 Whenever the clerk receives from the department of health or any informing agency, information of the death, loss of voting rights of a person sentenced for a felony as provided in section 831-2, adjudication as an incapacitated person under the provisions of chapter 560, loss of citizenship, or any other disquali?cation to vote, of any person registered to vote in that county, or who the clerk has reason to believe may be registered to vote therein, the clerk shall thereupon make such investigation as may be necessary to prove or disprove the information, giving the person concerned, if available, notice and an opportunity to be heard. If after the investigation the clerk ?nds that the person is dead, or incapacitated to the extent that the person lacks suf?cient understanding or capacity to make or communicate responsible decisions concerning voting, or has lost voting rights pursuant to section 831-2, or has lost citizenship, or is disqualified for any other reason to vote, the clerk shall remove the name of the person from the register. These are very valid concerns and the of?ce of elections has pursued a reckless course by posting a ?preliminary decision? on their of?cial website and proceeding outside of the Hawaii Revised Statutes election procedures without of?cial documentation or court ruling. I appreciate your prompt time and attention to this matter and look fonrvard to your response. Thank youSailau Timoteo 87-1101 lliili Rd #0 Wai?anae, HI 96792 (808) 620-5896 5 I im Cc: Scott Nago. Chief Elections Of?cer