Cayetano critical of elections panel

By Johnny Brannon
Advertiser Staff Writer

Gov. Ben Cayetano said the Legislature's refusal to provide $25,000 to help formulate rules for special circumstances that result in election vacancies is no excuse for the quandary the state was left in following the death of U.S. Rep. Patsy Mink.

The Elections Appointment and Review Panel had requested the money to pay for a series of statewide public hearings to fine-tune administrative rules for the Office of Elections, but was rebuffed amidst budget constraints.

"The chief elections officer has staff which could itself have assisted the commission in developing the rules," Cayetano said yesterday. "Most departments do not ask for extra money to develop rules unless the law passed by the Legislature is really complicated."

Mink's name will remain on the Nov. 5 ballot and a special election will be held later to replace her if she wins. A special election is scheduled for Nov. 30 to elect a candidate for the remainder of Mink's current term, which ends Jan. 3. Each special election is expected to cost taxpayers up to $1.7 million.

Chief Elections Officer Dwayne Yoshina said Thursday he was not convinced the section of the law that covers special circumstances would apply in the case of a candidate's death, regardless of a lack of administrative rules.

But Cayetano believes such rules would have provided clear guidance and allowed Yoshina to waive a deadline so the Hawai'i Democratic Party could replace Mink with another candidate on the Nov. 5 ballot, leaving no need for a special election for the next full term.

"I am certain the commission will now amend its rules to cover the problem experienced with Rep. Mink's death — and without extra funding," Cayetano said.

On Wednesday, the Hawai'i Supreme Court rejected a request by Cayetano to order Yoshina to extend the deadline for replacing a candidate.

Mink, 74, died Sept. 28 of viral pneumonia, two days after the normal time limit for naming a replacement after she won the Sept. 21 primary.

Cayetano said he believes state law requires a special election for Mink's unexpired term, even though only a few weeks will remain.

"Most important, however, is that the state should be fully represented during a time when we may be going to war," Cayetano said.