Mink term may Gov. Ben Cayetano and legislative leaders are considering quickly calling the Legislature back into session to change the law so a special election for the remainder of the late U.S. Rep. Patsy Mink's term can be held at the same time as the Nov. 5 general election.
spark special session
Cayetano wants the law changed
so the vote can be on Nov. 5By Craig Gima
cgima@starbulletin.comCayetano spoke yesterday with House Speaker Calvin Say (D, Palolo Valley-Kaimuki) and Senate President Robert Bunda (D, Wahiawa-North Shore) about a special session, the governor's spokeswoman, Jackie Kido, said.
Bunda said he and his staff are researching whether it would be possible and practical to bring lawmakers back in the middle of the campaign season.
"If we go back into special session, it would have to be limited to just one question," Bunda said.
State Chief Election Officer Dwayne Yoshina called earlier this week for a Nov. 30 special election to fill Mink's current term, which ends when the new Congress is sworn in on Jan. 3. State law allows the chief election officer to call for a special election with a 60-day notice. A special legislative session would be needed to amend that law for the election to be held earlier.
A bill amending the election laws may be passed within five days if a special session is held, but Bunda said he is leaning against a special session because there may not be enough time to fully debate the issue.
Republican leaders say if they are called back into session, they will advocate doing away with the November special election altogether.
"It's not crucial to Hawaii to have somebody there for two or three weeks," said House Minority Leader Galen Fox.
Fox and Senate Minority Leader Sam Slom (R, Aina Haina-Kalama Valley) said the special election is not needed, especially with the possibility of a January special election. Mink died Saturday but remains on the Nov. 5 general election ballot. If she wins that election, a January vote would be called to replace her.
Fox (R, Waikiki) noted that when then-U.S. Rep. Daniel Akaka was appointed to the U.S. Senate in April 1990 after the death of Spark Matsunaga, his congressional seat remained vacant for nearly five months until a special election was held in conjunction with the primary election in September 1990.
Cayetano said he want to make sure Hawaii is represented in Congress, even if it is just for a few weeks.
"This is a very critical time for our country, and some of the issues which are being debated before the Congress involve the question of whether we will go to war or not. I don't have to tell you, if the United States goes to war, there are some serious ramifications for all of the states, but in particular, Hawaii," Cayetano said.
Earl Anzai, state attorney general, said yesterday he planned to file a petition with the state Supreme Court today, asking that the election be held in conjunction with the general election. The state also would ask for guidance on redistricting and whether voters from the old or new 2nd Congressional District would be able to vote in the special election.
Cayetano said the state may save much of the estimated $2 million cost for the special election if it can be held in conjunction with the general. A special session would cost about $12,000, Bunda said.
A spokesman for Yoshina said his office was trying to determine whether both elections can be held at the same time.
But Cayetano countered: "I'm really tired of hearing that kind of talk. If the court says we can hold this election on Nov. 5, then the elections officer better be ready to print up some ballots, and if they have to count it manually, then they should just do it.
Star-Bulletin reporter Richard Borreca contributed to this story.
