U.S. Rep. Patsy Mink, whom family members describe as being "very sick" and recovering from pneumonia, will be on the Sept. 21 Democratic primary ballot no matter what happens with her health, the state attorney general said. Mink to be on primary
ballot despite illnessThe congresswoman has been
hospitalized since late AugustBy Crystal Kua
ckua@starbulletin.com"Basically, Mink's in the (primary) race to stay," Attorney General Earl Anzai said yesterday.
One political expert even predicts that she will likely win the party's nomination.
"Presumably, she'll have a lot of sympathy," said Gary C. Jacobson, professor of political science at the University of California-San Diego and a nationally recognized authority on congressional elections.
"She is a successful veteran politician and has a lot of support, so I wouldn't be surprised that no matter what happens between now and the next nine days that she'll be the victor in the primary."
But what happens after the primary election depends on different factors, state officials said.
Mink, 74, was admitted to Straub Hospital on Aug. 30 suffering from chickenpox. The virus triggered pneumonia, and she was moved to the intensive care unit on Sept. 1 where she has remained in serious condition.
Mink's congressional office released a statement yesterday from her family which said that Mink is "very sick" with a hard-hitting viral pneumonia "that takes time to overcome and heal from."
Jacobson said that while someone who is ill should be afforded some privacy, voters are entitled to be informed about the condition of the candidate's health in order to make an educated choice at the polls.
Mink faces Steve Tataii in the Democratic primary for the 2nd Congressional District seat, which covers rural Oahu and the neighbor islands and which Mink has held since 1990.
"If there's a vacancy before the primary election, then in that event a proclamation will be issued informing voters that the vacating candidate will remain on the ballot and votes cast for that vacating candidate will be counted," said Office of Elections spokesman Rex Quidilla.
"If she should win, then a vacancy will exist in the Democratic Party's nomination. The law provides that the Democratic Party will have three days to fill the vacancy for the general election."
But things get a bit tricky after the primary election.
When a vacancy occurs outside of the election season, the procedures for replacement are straightforward, Jacobson said. The governor appoints someone until the next general election in the case of a U.S. Senate vacancy, and a special election is held in the case of a U.S. House vacancy.
"What's complicated here is that this is right around an election time, and the person whose name is on the ballot may not be able to run, and that's an unusual situation and it's not surprising that election officials haven't faced it before," Jacobson said. "It's not something that happens every day."
Anzai said that if Mink's illness continues, she can withdraw because of the illness so long as it is by Oct. 16, which is 20 days before the general election.
If Mink withdraws before Sept. 26, her party could appoint someone to take her place as the nominee for the Democrats, Anzai said.
"But if she withdraws after Sept. 26, there won't be a Democratic candidate."
Anzai said that Mink will remain on the general election ballot unless she withdraws.
In Hawaii as in most other states, serious illness or death does not prevent a candidate from winning the general election, he said.
"She can still win (the general election), but there would be a vacancy and we'll have a special election," he said.
That special election would be to fill the new term that would start in January.
But Democratic Party Chairwoman Lorraine Akiba said that she is not contemplating finding another candidate.
"We're sending her our positive energy for her recovery, but she's going forward, so I'm not dealing with any issues of replacement or any issues of her inability to fulfill her candidacy," Akiba said.