New interim Chief Election Officer Scott Nago says his goal is to hold a special election to replace U.S. Rep. Neil Abercrombie “;as soon as possible”; — possibly on Saturday, May 1.

But with only about $5,000 in operating funds in the Office of Elections budget and no contract to provide voting machines to count the ballots, it is not clear yet when the election can actually be held.

Nago, whose first day in his new job was yesterday, told the state Senate Ways and Means Committee a mail election would cost about $925,000 and that an election with polling places would cost about $1.2 million. He is recommending that the state hold a special election by mail, similar to the elections held to fill two Honolulu City Council vacancies last year.

Attorney General Mark Bennett said he believes an election to replace Abercrombie cannot legally be held in conjunction with the Sept. 18 primary to save the state money.

Bennett said a decision to hold the special election in September would likely prompt a lawsuit because it would leave Hawaii without representation in Congress for too long.

“;My view would be that we are required to hold a special election,”; Bennett said.

But Ways and Means Chairwoman Donna Kim questioned whether the Office of Elections is ready to hold a special election in May.

“;Time is of the essence and funding is of the essence,”; Kim said.

Nago said the office is meeting today with the Department of Accounting and General Services and will ask the federal government whether Help America Vote Act funds can be used to help pay for the special election.

Committee members suggested the governor would have to request an emergency appropriation to finance the special election.

Kim said because the funding has to pass both houses of the Legislature, it is unlikely an appropriation can be passed before Feb. 28, when Abercrombie leaves office.

In addition, the Office of Elections would have to find a vendor to provide election machines to count the ballots.

Nago said new election rules, required by a Maui court challenge, were signed by the governor Thursday. That means the state can now go forward with bidding to provide voting machines for the September and November elections.

“;We're not where we want to be, but I don't see us not being able to catch up,”; Nago said.

Kim (D, Kalihi-Halawa) also questioned why former Chief Election Officer Kevin Cronin did not let anyone know about $1.3 million in federal funds that had apparently been placed in an election account, when it should have gone to the state general fund.

The money was discovered during an audit in October that has not yet been released publicly. Nago said he just learned about the money on Thursday.

“;It is urgent that we find money,”; Kim said. “;If you're turning over every single rock, I would think this figure would have come to light.”;