The city clerk's office today disqualified state House Majority Leader Kirk Caldwell's candidacy for City Council.

"The lawyer in me wants to fight this decision," Caldwell, D-24th (Manoa), said today in a statement. "However, when we asked for the city clerk's determination last week I made a commitment to the voters and to myself to stick with the city clerk's decision. I am out of the race and there will be no appeal.

"Public service is my passion. I loved the job of serving the people of Manoa and want to say mahalo for allowing me to be their representative. I will never forget their support and friendship."

Caldwell said he would return to the practice of law and continue to be involved in the community.

Caldwell had filed papers right before the July 22 filing deadline in response to City Councilwoman Ann Kobayashi's late announcement that she would vacate her seat and run for mayor.

The city clerk's office had notified the state Office of Elections verbally on July 22 that Caldwell had withdrawn from his House re-election campaign to run for City Council. But Caldwell did not submit his withdrawal in writing until the day after, when the office deemed it official.

Former City Councilman Duke Bainum, who backed Kobayashi, also filed to replace her on the council.

Mayor Mufi Hannemann had urged Caldwell to run and one of his aides, Chrystn Eads, filed late to replace Caldwell in the state House. The state elections office ruled last Friday that Eads did not complete her paperwork by the deadline. The elections office gave the Democratic Party of Hawai'i three days from Caldwell's official withdrawal letter on July 23 — or until last Saturday — to replace.

Isaac Choy, a Manoa accountant was chosen as the replacement candidate for Caldwell on Saturday. The elections office, in a preliminary determination, has ruled that Choy's replacement was proper because it fell within the 72 hours provided under state law, rejecting a Republican challenge.

Both a Caldwell supporter and a Bainum supporter had filed challenges with the city clerk's office over Caldwell's paperwork.