A Kapahulu retiree who supports Duke Bainum for a Honolulu City Council seat filed a challenge yesterday with the city clerk's office over whether state House Majority Leader Kirk Caldwell, Bainum's opponent, correctly filed his paperwork by the July 22 deadline.

Amy Mizuno agreed to file the challenge after being outraged by accounts that Caldwell may not have properly withdrawn from his state House campaign and filed to run for the council by the deadline, said Todd Eddins, an attorney representing both Mizuno and Bainum.

"Mr. Caldwell played chicken with the election laws and thereby derailed his candidacy," Eddins said.

A Caldwell supporter also filed a challenge last Friday because Caldwell wanted to resolve whether he properly filed. A preliminary determination by the city clerk is expected this week. Caldwell has said he will abide by that and, if disqualified, not wait for a court ruling.

Caldwell has said the state Office of Elections was verbally notified the day of the filing deadline that he was withdrawing from his House campaign to run for the council. His formal withdrawal letter did not reach the elections office until the following day.

Caldwell, D-24th (Manoa), also said he believes he has the required signatures from registered voters to run for the council regardless of whether at least one city worker signed after the deadline.

"I believe my paperwork is in order and I will live or die by the ruling of the city clerk," Caldwell said yesterday.

Eddins said the Mizuno challenge involves whether Caldwell withdrew from the House campaign properly and whether he had enough valid signatures for the council race. State law does not allow candidates to be filed to run for two offices simultaneously, so the question of when Caldwell withdrew is an issue.

The state's chief elections officer, Kevin Cronin, said yesterday that Caldwell did not personally notify the elections office by the filing deadline that he was withdrawing from his state House re-election campaign to run for City Council.

Cronin said the elections office should not have posted on its Web site after the deadline that Caldwell had withdrawn, because Caldwell did not submit his request in writing until July 23.

"To act on an oral withdrawal would enable any person to withdraw a candidate's name, thereby adversely affecting the election process," Cronin said. "Imagine, a (John) McCain supporter calling in an oral request to withdraw the name of (Barack) Obama from the ballot, or the reverse."

Caldwell, who has never said he personally called the elections office, could not be reached last night regarding Cronin's remarks.

Eddins said accounts that the city clerk's office and city workers may have helped Caldwell file his paperwork are also disturbing. He questioned whether city resources were used to aid Caldwell, calling that an "unlawful interference with the political process."

City clerk Denise C. De Costa yesterday said she will take Eddins' comments into account.

"We really feel that we acted appropriately," she said.

Cronin yesterday also defended his office's decision to initially accept the paperwork of Chrystn Eads, who tried to replace Caldwell in the House campaign but was still collecting signatures from registered voters and filed after the deadline because of delays. He said he had the authority to deny her filing but allowed her to make her case.

Cronin determined last Friday that Eads' paperwork was incomplete. He gave the Democratic Party of Hawai'i until last Saturday — three days after Caldwell withdrew, the time allowed under state law — to replace him on the ballot. Democrats chose Isaac Choy, a Manoa accountant, as their replacement candidate.

Republicans have challenged Choy's appointment.

Cronin also acknowledged that he did not register to vote — a requirement of his job — until being contacted by The Advertiser last Friday.