StarBulletin.com

Lawmakers want to delay vote to replace Abercrombie


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POSTED: Saturday, March 06, 2010

Legislators are pressing Hawaii elections officials to delay the May 22 special election to fill the seat of former U.S. Rep. Neil Abercrombie, saying the state is facing substantial budget pressures and cannot afford the nearly $1 million vote.

Rep. James Tokioka, chairman of the House Legislative Management Committee, said at a hearing yesterday that constituents are asking him how the state can afford an election while cutting vital programs.

“;That's the question we're getting hammered with,”; said Tokioka, who also is a member of the House Finance Committee, which helps draft the state budget.

A resident of the 1st Congressional District, Debbie Shimizu, testified in writing that Hawaii will be represented in the U.S. House by Rep. Mazie Hirono in the 2nd District while Abercrombie's seat is vacant.

“;I cannot believe that the governor is able to find $1 million for a special election and cannot find the money to maintain our social service programs,”; said Shimizu, executive director of the Hawaii chapter of the National Association of Social Workers.

Other committee members floated the idea of holding the election after the end of the 2010 fiscal year on June 30 or consolidating it with the regular primary election now set for Sept. 18. The election is estimated to cost about the $920,000.

But Deputy Attorney General Warren Suzuki testified the state would probably have been sued if election officials initially had chosen to consolidate the elections or if the state postpones the now-scheduled May 22 special election. The state would probably lose in either case, he added.

Further, restoring representation for first district constituents is the paramount legal concern, not financial considerations, he said.

“;The train has left the station,”; Suzuki said. “;The proclamation calling for the election has already been issued.”;

Suzuki wrote a Feb. 8 attorney general's opinion for the state Elections Commission stating that legal precedents indicate the election should be held as soon as possible.

Once that opinion was delivered and Abercrombie resigned on Feb. 28, preparations began for an election in May, said Scott Nago, state chief election officer. Holding it then would avoid confusion among voters who will receive material in the late spring relating to the September primary election, he added.

Tokioka asked Nago to confer with Suzuki and election commission members about postponing the special election, but Nago did not commit to delaying the vote. Under state law, Nago has the sole authority to schedule the election.

Gov. Linda Lingle's office will partly finance the special election by using $113,000 that was to be saved from furloughing state Elections Office employees several days a year and $389,000 that was to pay for public school maintenance on neighbor islands. About $280,0000 in federal Help America Vote Act funds will cover the cost of a voting system and voter education.

The governor also is asking the Legislature to find another $140,000 to reimburse election-related costs Honolulu County will incur.

Three major candidates are expected to vie for the seat: Republican Honolulu City Councilman Charles Djou and Democrats Colleen Hanabusa, president of the state Senate, and Ed Case, a former congressman.