Kokua Line
Kokua Line
House seats must
be filled by electionQuestion: What is the difference between the deaths of U.S. Sen. Spark Matsunaga and U.S. Rep. Patsy Mink in terms of filling their congressional seats? When Matsunaga died, didn't we just appoint U.S. Rep. Daniel Akaka to take his place? Why can't there be an appointment to fill Mink's seat, especially since that person would serve for a mere five weeks?
Answer: The difference is between senators and representatives, as spelled out in the U.S. Constitution.
Under the 17th Amendment, "When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct."
A governor typically will appoint a replacement to complete a Senate term. But a replacement could also be named to serve only until the next general election or until a special election is called.
When a vacancy occurs in the U.S. House, under Article 1, Section 2 of the Constitution, "the executive authority thereof shall issue writs of election to fill such vacancies."
There is no provision for an appointment to "the people's House."
Meanwhile, according to federal law and the rules of the House of Representatives, employees of the former representative continue to staff his/her offices under the supervision of the House Clerk, until a new representative is elected.
A vacant congressional district has no voting representation, but "although the scope of the vacant congressional office is limited, constituents of the district are invited to contact the offices for information and assistance."
To ensure Hawaii's 2nd Congressional District residents do have a vote in the House, the decision was made to hold a special election Nov. 30 to fill out Mink's current term, and another one on Jan. 4 for a new two-year term if Mink posthumously wins the current election.
Q: Construction of the Pier 7 extension at Kalaeloa Barbers Point Harbor has been finished for some time, yet the contractor continues to store materials and equipment there. Is it paying for storage on state property? Also, a security firm parks its vehicles on the premises during hours when it's not patrolling. Is it also paying rent?
A: No rent is being charged to either party.
That's because in the case of Hawaiian Dredging, "the project is not technically closed as there is still some outstanding work to be done," according to the state Department of Transportation's Harbors Division.
Hawaiian Dredging did begin moving equipment and materials out two weeks ago, when we posed your question, but that was because it was already winding down its work, harbors officials said.
Meanwhile, under terms of its contract, the security company is supposed to have patrol vehicles, officials said. Allowing it to park its vehicles next to the harbor agent's office -- for free -- during daylight hours does not interfere with operations or pose any problems, they said.
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