Election winner gets Mink's former job, but no duties

By Derrick DePledge
Advertiser Washington Bureau

WASHINGTON — The winner of a Nov. 30 special election to fill the remainder of U.S. Rep. Patsy Mink's term in the 107th Congress may never get to cast a vote.

The U.S. House of Representatives has essentially left for the year and is staying in session only to respond to last-minute work in the U.S. Senate. Unless there is an emergency, the House likely will not gather again until January, when lawmakers will open the 108th Congress.

The state Office of Elections called the special election shortly after Mink's death from viral pneumonia in September. Thirty-eight candidates, including Mink's husband, John, are on the ballot.

The unusual circumstances complicate the winner's chances of being sworn into office, because the House must be in session for a new member to take the oath. An aide to House Speaker Dennis Hastert, R-Ill., said he has not yet decided how to resolve the situation but added that the winner would be paid for December and would have access to an office.

Mink posthumously won re-election in November. A second special election will be held Jan. 4 to replace her in the 108th Congress. The winner of that election will be sworn in with other new lawmakers in a ceremony scheduled for Jan. 7.

Dwayne Yoshina, the state's chief election officer, said he relied on state law and the advice of U.S. Rep. Neil Abercrombie, D-Hawai'i, in scheduling the Nov. 30 special election. Abercrombie held that it is essential for Hawai'i to have full representation in Congress.

"We just thought we needed to have somebody up there," Yoshina said.

State law requires that vacancies for U.S. representative be filled through election, not appointment. The two special elections will cost the state an estimated $3.5 million. Gov. Ben Cayetano had asked the state Supreme Court to move up the Nov. 30 special election to coincide with the Nov. 5 general election to save money, but the court ruled that the law requires special elections be held a minimum of 60 days after being called.

At the time Yoshina made the decision, the House was considering whether to give President Bush the authority to attack Iraq and debating several federal spending bills. Abercrombie and others argued it was important for Hawai'i to have a full voice in Congress. The House has since approved a use-of-force resolution and has put off many federal-spending disputes until next year.

Abercrombie said it is critical that the state respects the democratic process, regardless of timing or circumstances.

"It's not there for anybody's convenience," he said of state law. "This is, in fact, a representative democracy."

The back-to-back special elections are awkward for the major political parties. With no primaries and a large number of candidates, party leaders have had to work behind the scenes with the candidates best positioned to succeed Mink.

Initially, some political analysts believed the winner of the Nov. 30 election would have a slight advantage as an incumbent for the Jan. 4 election. But after John Mink entered the race — and announced that he had no interest in the Jan. 4 election — some believe the Nov. 30 election might be another chance for voters to honor Mink by selecting her husband to finish her term.

"Obviously, we would have preferred to have only one special election," said Lorraine Akiba, who chairs the Hawai'i Democratic Party. "But the party is encouraging people to go out and vote for the Democrats and to go out and honor the legacy of Patsy Mink."

Mink, a liberal Democrat, was entrenched as the representative for rural O'ahu and the Neighbor Islands. Her unexpected death, and the absence of an obvious successor among Democrats, has given Republicans an opening to claim the seat. However, Republicans, like the Democrats, have yet to anoint a front-runner.

Micah Kane, chairman of the Hawai'i Republican Party, said the party is focusing its energy on the Jan. 4 election and hopes a Republican favorite will emerge over the next few weeks.

"It's really going to come down to the party that can generate support for a single candidate," he said.