State defends special election
By Kevin Dayton
Advertiser Capitol Bureau Chief
State officials yesterday defended their decision to hold a special election to decide who will serve the last five weeks of the late Patsy Mink's congressional term, saying it is required by state law and the U.S. Constitution.
U.S. Rep. Neil Abercrombie said he had urged the governor and state elections officer to promptly schedule the election for Mink's replacement to fill legal requirements and because Congress may vote on key issues, including possible military action against Iraq, before the end of the year.
Elections officials estimate it may cost $2 million to poll residents of the 2nd Congressional District on whom they want to finish Mink's term, which ends Jan. 3. Some, notably Republican leaders, have questioned the need to spend money to fill an office for such a short term.
Abercrombie said he and Gov. Ben Cayetano agreed the law was clear, that the people have an "absolute" right to representation in Congress, leaving the state election officer no discretion about whether to set the special election.
"I said to Ben, 'We cannot be involved in trying to finesse the law,' and of course he said the same thing," said Abercrombie, a Democrat who represents the 1st District. "It doesn't matter whether it's costly or isn't costly or whether it's timely or if it's 10 days or 20 days or 30 days."
Congress is expected to adjourn this month to let lawmakers campaign for the November election.
If work on annual spending bills is not completed before the break, they will finish the budget and other outstanding issues after the elections.
"They're talking about lame-duck session in November, they're talking about lame-duck session in December, and as I think you're probably aware, we may be voting on whether to go to war or not," Abercrombie said. "It would be appalling if the people of the 2nd District had nobody there to represent their interest in this matter."
Cayetano issued a statement yesterday observing that governors in other states had been sued when they tried to avoid or delay special elections.
"That's not going to be the case in Hawai'i," he said.
According to state law: "When a vacancy occurs in the representation of this state in the United States House of Representatives, the chief election officer shall issue a proclamation for an election to fill the vacancy."
The U.S. Constitution requires that in the case of a House vacancy, "the executive authority thereof shall issue writs of election to fill such vacancies."
Candidates may begin filing today to run in the winner-take-all special election Nov. 30 to serve out the term.
Mink, 74, died Saturday after developing viral pneumonia.
Her name will appear on the Nov. 5 general election ballot, and state Democratic leaders are asking constituents to vote for her as a tribute. If she wins, it will force a second special election to fill her seat for two years after her current term. That election also would cost an estimated $2 million.
Radio talk shows yesterday were dominated by complaints about the cost of potentially two special elections at a time when the state faces a budget shortfall.
Senate Minority Leader Sam Slom, R-8th (Hawai'i Kai, 'Aina Haina), said it was outrageous to spend so much to fill the seat for such a short period. Republican gubernatorial candidate Linda Lingle said she believed it would be an issue at the voting booth this year.
"I've heard some of the elected people on the Democrat side say that's OK, they're willing to spend it to get a good election," Lingle said. "But it's not their money, and that's the point. I think taxpayers are looking at this and saying, 'Wasn't there a better way to do it?' "
Among the people mentioned as potential Democratic candidates to fill the unexpired term are Ed Case, who narrowly lost the gubernatorial primary; former Gov. John Waihe'e; and Republican Dalton Tanonaka, who lost a primary bid for lieutenant governor.
Others, such as former state Democratic Party Chairman Richard Port, have suggested Mink's husband, John Mink, as an ideal candidate.
He would know best how his wife would have voted, and his election to serve out the last month of Mink's term would prevent anyone from using the brief tenure to gain an advantage over other candidates seeking to serve the next two-year term, Port said.
Reach Kevin Dayton at kdayton@honoluluadvertiser.com or 525-8070.
