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Thursday, November 25, 2010
Residency Challenge filed against Kioni Dudley Council Candidacy
By News Release @ 5:02 PM :: 3565 Views :: Honolulu County, Politicians
 

Excerpts from Press Release: The attached letter is a "voter challenge" that was filed by me with the City Clerk of the City and County of Honolulu this morning (Nov. 24, 2010) at 11:57 AM. It suggests that Mr. Michael Keoni Dudley has falsified voter registration and candidate registration information so that he can run in the District 1 Special Election for Todd Apo's old council seat.

I have video files proving his actual residence (I went to his Makakilo home when he was there and his wife confirmed that he actually lives there outside of district 1) as well as the non-existence of the address (see update below) he used to file as candidate in my district (see link below).

Thank you.

Matthew S. LoPresti, Ph.D. www.mslopresti.com

An official list of candidates is available at: http://www.honoluluelections.org/files/content/council_district_i_special_election_candidate_filing_111910-1.pdf

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Letter to Honolulu Election Commission

November 24, 2010

To Whom It May Concern:

I am writing to file a voter challenge to a Mr. Michael Kioni Dudley. This person has filed to run as a candidate in the District 1 special election for City Council and he does not live in the district, and therefore he cannot legally register to vote in the district, and therefore he cannot legally register as a candidate for this City Council seat. Having misled the City and County, State, and Federal governments and the people therein, it seems that Mr. Dudley may be in violation of Federal and local laws.

Mr. Dudley’s actual address is his previously listed one at 92-1365 Hauone Street, Kapolei, HI 96707-1571. This address is in Makakilo and is far outside of the District 1 which only goes as far north towards Makakilo as the H-1 freeway. I suggest that Mr. Dudley had full knowledge of this and for whatever reason falsified a voter registration change of address form so that he could run in the District 1 election. The address he currently claims for his District 1 address is a 91-1305 Puamaeole St., 33V. I have been to both addresses, you can ask any of the neighbors and they will tell you where this person does and does not live. Unfortunately, while it is not illegal to move to run for office in this state it is illegal to falsify information about where one actually resides for voting and election purposes, if I am not mistaken. I leave it to you to decide if Mr. Dudley actually resides in his $2 million or so property in Makakilo Heights, with the sweeping and priceless views of O’ahu, and which is outside our district, or in the run-down rented apartment next to the train tracks inside our district.

I swear that to the best of my knowledge that the above is true. Whether I was a candidate for this election or not I would still submit this voter challenge. But I will say that I have entered this District 1 special election for City Council as my first ever bid for political office precisely because I am tired of our election laws being flouted by people like Mr. Dudley who run in districts in which they do not reside.

Ultimately, I am a concerned citizen who wants to ensure that the people of District 1 have fair representation from their elected officials. Part of the reason West O’ahu has been neglected has been because of the ambitions of career politicians and candidates who run in anything they can get their names into, without regard for the office, its duties, or their actual responsibilities to the people. Our community deserves an investigation into the aforementioned, so please do so without delay.

Respectfully,

Matthew S. LoPresti, Ph.D.

P.S. Since initially writing this letter I have verified on video that Mr. Dudley resides in Makakilo Heights and that the registered address of “33V” does not exist. The later was also verified on video with neighbors and the Residential Manager, Frank Keawemauhili who looked over the records of all owners and renters at that address and confirmed that no Dudley lives or rents there. Neighbors in the area also confirmed this. His actual residence was confirmed on video by the wife of Michael “Keoni” Dudley as well.

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Dr Dudley's response

Dear Mr. Walden,     11-25-10

The article you have published is incorrect from beginning to end.  I do live at the address I listed when I filed to run for the District One seat.  It is my primary residence.  As the facts in Mr. LoPresti's letter show, he has gone to the wrong residence.  (LoPresti responds to this below -- ED)

I continue to maintain my office at my Makakilo property.

Let me note that I have served the people of District One for the last twelve years as a member of the Kapolei Neighborhood Board.  The Kapolei Board considers problems and makes decisions regarding all of Kapolei, Kalaeloa, Honokai Hale, and Ko 'Olina.  Let me further note that my primary activity in the last two years has been preventing the prime 'Ewa farmland, the highest producing farmland in the world, from being covered over with houses.  That farmland is, of course, in District One. 

I demand that you remove your article, "Residency Challenge filed Against Kioni Dudley Candidacy" by 7:00 this evening.  The first amendment does not protect the press when it intentionally sets out to defame a person, even if he is running for political office.

Dr. Kioni Dudley

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Editor’s response:

Dr. Dudley’s "demand" for censorship is denied. 

The information about the charge of a candidate’s eligibility is protected speech under the US Constitution and the Hawaii State Constitution.  This is true regardless of whether the claim of ineligibility is eventually upheld or not. 

This information is of the highest order of protected speech because it deals with:

  1. an election
  2. a public document
  3. proceedings before the Election Commission 
  4. the eligibility of a candidate for public office  

 

Because we have posted Dr LoPresti's challenge and Dr Dudley's response, voters have an opportunity to evaluate the information and make their own decisions. 

It is not defamation to post information about such a challenge, nor is it defamation for Dr LoPresti to make such a challenge-even if the Election Commission eventually rejects it.  Charges made pursuant to an administrative hearing or a court hearing are absolutely exempt from claims of defamation.  

  *   *   *   *   *

LoPresti Re-Checks Address

Hello,         11-27-10 

I have an update to the press release I recently sent.

I went back to recheck the address in Ewa Beach Mr. Dudley registered as his primary address and it turns out that I check to the wrong building 33 on Puamaeole St., specifically, I went to building 33 in the Palm Court development on that road instead of the building 33 in Palm Villas Rentals on that road.   91-1305 Puamaeole St., 33V does indeed exist, though while I was in error about that I spoke with many neighbors at the alleged address - including people who just moved out of that very same apartment 3 weeks ago and they all say that no one lives at 91-1305 Puamaeole St., 33V.

What is more, I spoke with a person who has been in and out of that rental unit over the last 3 weeks and the person claims that the last time the person was in the rental unit, no one had lived there. That was 1 week ago. The claim that Mr. Dudley's is making that this is his primary address is as absurd as it is offensive to me and everyone else in my community. (See
Residency Challenge filed against Kioni Dudley Council Candidacy.) I had hoped that he would admit to not living here and bow out of the race so that the rest of us can talk about how to best help our district by engaging the issues.

Regardless of all of the above, there is still clear video evidence of his spouse admitting that he was "home" and that he "lives here" at the Makakilo home outside of the district.

I am still the only person talking - at length mind you - about the issues facing our district. I welcome a debate from other legitimate candidates for his office; our community deserves at least that much.

Matthew S. LoPresti, Ph.D.
www.mslopresti.com

  *   *   *   *   *

Dudley calls LoPresti “Obsessed Voyeur” suggests job is at risk

Dr. Kioni Dudley’s response to LoPresti’s 2nd set of claims:   11-27-10

Matthew LoPresti’s actions are getting a little scary.  What is this strange fellow doing?  Is this stalking?  Is it voyeurism?  How dare him come onto my property and frighten my wife with his recording device?  Where is his respect?   Where is his decency?  Doesn’t he realize that he is presenting himself to the voters as obsessed?  Who will vote for such a fellow? 

Doesn’t he think people have noticed that in his formal complaint he first says, “I swear…that I have visited both of his houses,” then in later paragraph says that he has found that my ‘Ewa address does not exist?  Doesn’t he realize that he has caught himself in print both swearing that he did something, and then confirming that he could not possibly have done it, that he lied?  How can he expect anyone to believe him about anything after swearing to a lie?

Doesn’t he realize that this entire escapade is putting his professorship at risk?  How can a university stand behind a professor who is so shoddy, and incorrect, in his research, so anxious to rush into print that he is willing to print anything?  Where is the intellectual rigor?

And why is he singling out me?  He has lived in the district less than a year.  Others moved recently too.  Why me?

Once the announcement of the vacancy was made, I spent a great deal of time trying to find a viable candidate in the district to support.  I spoke with a number who  shared my deep concern for food security and who understood our clear need to keep the ‘Ewa farmland in agriculture, people who understood the need to get rail right and make it affordable, people who agreed that ever-worsening freeway traffic was destroying our quality of life, people who realized that life has really changed in the last decade and new jobs, new green industries are opening up that we must prepare for, people who realized that we have reached the carrying capacity of this island, that we have reached a critical point where major decisions must be made.  I spoke with people who agreed with all of these things, but none would become a candidate.

The City Council has never really grappled with these huge looming problems.  Someone needed to be elected who would get the Council to deal with them.

Realizing that over my many years of service to the people in the district, that I had accumulated the name recognition and the community support to win, I called the City Clerk a few days before the filing deadline, and found what would be necessary in order to become a candidate myself.  I followed those directions exactly.  This included moving into the district, since my home in Makakilo was above the freeway which is the district line.   Contrary to Matthew LoPresti’s allegations, I was already a resident of the first district before I filed.  I declared my home in ‘Ewa to be my primary residence.  If the people of the district elect me as their Councilperson, I pledge to keep my primary residence in the district throughout the period I am in office.

As one who has spent the last twelve years serving more than half of the district through the Kapolei Neighborhood Board and through my efforts at the Land Use Commission to save the ‘Ewa farmland, I humbly ask the people of the district for their vote.

Dr. Kioni Dudley

  *   *   *   *   *

LoPresti: “This multi-millionaire is now threatening me”

11-28-10

The rhetoric from Michael Kioni Dudley has become increasingly disturbing. All I have done is file a request for the city and county to check whether or not Dudley actually lives where he claims to live. In order to file such a request some reasonable evidence should be given beyond mere suspicion and hearsay, so I went to the two addresses and the evidence was overwhelming and so I thoroughly documented it in my letter of complaint.

Now I am being called a liar, Dudley is using litigious language suggestive of a pending frivolous lawsuit, and this multi-millionaire is now threatening me and my young family with the suggestion that he will somehow see that I lose my job as a result of this.

I knew politics were dirty but this is ridiculous. My wife and I just had our first baby (a little girl) and after years and years of scrimping and saving we have finally been able to afford our first home. But now some rich guy seems to be threatening us just because I wanted to be sure that this is a fair and lawful election. Whether Dudley lives in the district or not, I think this episode has shown us all Dudley's true character.

I have nothing else to say about this matter. I've filed my complaint and the city will issue its finding and whatever they find, I've done nothing wrong. My only regret is the naiveté with which I thought I could restore some faith in the political process.

Matthew S. LoPresti, Ph.D.

www.mslopresti.com

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