[ OUR OPINION ]
Combined elections
would make sense
FLEXIBILITY exercised by New Jersey's Supreme Court in determining election law in that state has given birth to an idea for hastening Hawaii's special election of a replacement to complete the current term of the late Rep. Patsy Mink. The Hawaii Supreme Court could save the state $2 million by allowing the special election to be held alongside the Nov. 5 general election.
THE ISSUE The state Supreme Court is being asked for guidance on scheduling a special election to fill Patsy Mink's U.S. House seat.
Attorney General Earl Anzai is trying to get the Hawaii Supreme Court's approval to expedite the special election, which has been scheduled Nov. 30. If the high court indicates that state law needs to be changed to do so, a special session of the Legislature would be in order. Governor Cayetano points out that major issues, including whether to authorize a war against Iraq, are likely to be addressed by Congress in November. Hawaii's 2nd Congressional District should be represented.
The Supreme Court of New Jersey decided unanimously on Wednesday to allow Democrats to replace ethics-beleaguered Sen. Robert G. Torricelli's name on the ballot, even though New Jersey law bars replacement of candidates if fewer than 51 days are left before the election. Likewise, Hawaii law requires 60 days notice for scheduling of a special election to fill a vacancy in the U.S. House; little more than half that time remains before the general election.
The New Jersey court ruled that it was in the public interest to have candidates on the ballot from both major political parties, despite the 51-day requirement. In addition to the 60-day-notice requirement, Hawaii law states that special elections be conducted and results ascertained "so far as practicable." The practicality and economic sense of allowing voters to cast their special-election ballots at the same time they vote in the general election is obvious.
Another practicality involves the 2nd District borders, which have changed since the last election because of reapportionment. The district encompasses all the neighbor islands and parts of rural Oahu. While the district lines in Oahu are not precisely the same as they were two years ago, the shift has been so slight as to be inconsequential.
Jon Van Dyke, a constitutional law professor at the University of Hawaii, says both the expedited election and use of the new district lines are reasonable diversions from state law. Also, the U.S. Supreme Court is not likely to interfere with state supreme courts' interpretation of state election law in either New Jersey or Hawaii.
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Fee increases needed
for degrading harbors
PROPOSED increases in fees for mooring, boat trailers, launch ramps and commercial operations at state harbors may seem substantial, but considering the need to repair and upgrade deteriorating facilities, there may be few options. Because the Division of Boating and Ocean Recreation largely depends on these fees to fund its operations, the higher costs for boat owners and businesses seem warranted.
THE ISSUE The state wants to boost the tolls for numerous permits and users.
That said, the division should be careful that recreational users aren't precluded from Hawaii's ocean resources by undue tolls. High parking fees, for example, shouldn't keep swimmers, picnickers, fishers and surfers from beaches and other areas that may be near harbors.
The division has submitted sweeping changes of fees and boating regulations. (Hearings are being held today statewide and written public comment will be taken through Oct. 21.) The increases would be the first since 1995 and the new rules represent the first revisions since the Department of Land and Natural Resources took charge of the division in 1992. The changes affect a range of subjects, from tow-in surfing to the price of showers at harbor facilities.
The increases -- some as much as 185 percent -- would generally bring fees in line with those assessed at private harbor facilities or in other states. Ramp fees that now cost $25 a year would go up to $120 annually, but in such cities as St. Petersburg, Fla., boaters are charged $7.50 every time they launch their water craft. The state's highest mooring rate of $4.10 per foot of boat compares to $9 a foot at a private marina.
Meanwhile, the division -- short of money -- has been harshly criticized for not keeping up with maintenance and repairs. The division is supposed to draw enough revenue from user fees, commercial permits and lease rents from such facilities as boatyards and marine centers to cover operational costs. However, a report by the state auditor last year pointed to broken-down and unsafe conditions caused by "insufficient fee structures."
The division can do little else but raise fees. It is moving ahead with plans to lease facilities, such as the Ala Wai harbor, to private businesses so that they may bear the cost of improvements and bring in commercial operations to generate more revenue to support other facilities, which has evoked strenuous objections from boat owners and others.
But something's got to give. Hawaii's harbor settings should be first class. As matters now stand, they won't ever be.
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Published by Oahu Publications Inc., a subsidiary of Black Press.Don Kendall, Publisher
Frank Bridgewater, Editor 529-4791; fbridgewater@starbulletin.com
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