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The Honolulu Advertiser

Posted on: Tuesday, August 17, 2004

National Guard activates Rep. Tamayo

 •  Hawai'i's Guard prepares for training, Iraq duty
 •  Guard duty hits workplaces

By Gordon Y.K. Pang
Advertiser Capitol Bureau

Rep. Tulsi Gabbard Tamayo said she will continue her campaign for re-election even though she is one of 2,000 Hawai'i Army National Guard soldiers who were activated yesterday and is expected to spend a year in Iraq beginning in February.

Rep. Tulsi Gabbard Tamayo

Tamayo believes she should be able to carry out her legislative duties from abroad if she is re-elected. But House Speaker Calvin Say said that while he would like to accommodate the first-term lawmaker, the issue is a complicated one that his staff is still analyzing.

Tamayo's deployment is expected to run at least 18 months, which would mean that if she is re-elected this fall, she would not be at the State Capitol for the upcoming legislative session that runs from January through early May, and for part of the 2006 session.

Tamayo, at 23, has been the youngest member of the Legislature since being elected in November 2002 as a Democrat representing District 44, which includes portions of Waipahu and 'Ewa. She is being challenged by Democrats Genero Bimbo, Rida Cabanilla and Gerald Vidal, and Republican Trevor Koch.

She joined the National Guard in April 2003 and has been attached to a unit that provides medical support for the 29th Separate Infantry Brigade.

"I really take my responsibility and my commitment to my community very, very seriously, and I'm confident that I will be able to continue providing them with the highest level of service, even if I'm not physically here," Tamayo said yesterday.

She said she has spoken to Say and House Clerk Patricia Mau-Shimizu about ways she could take votes on measures while she is away, although nothing has been finalized. Tamayo said one option, done in at least one state on the Mainland, would be to send in her vote by Internet or e-mail within 24 hours of votes made at the Legislature. Another alternative, she said, would allow her to select a proxy who would physically represent and vote in her place at legislative meetings.

"I'm very confident that I will continue to be able to serve (the constituents)," Tamayo said. "But basically, I'm leaving the decision up to them. That's really up to them. That's really the only way to find out what they want to do. They have that opportunity to make a decision on the ballot."

Jon Van Dyke, a constitutional law professor at the University of Hawai'i Richardson School of Law, said it appears House rules could be changed to accommodate Tamayo. Following a cursory glance of the state Constitution, Van Dyke said there does not appear to be language that states specifically a lawmaker must be physically present to vote on legislation.

But Say, in a written statement, said the issue may not be that simple. "The fact that her deployment is being carried out under order of the Department of Defense means we do not have full control over how to handle her role as a legislator once she is deployed," Say said.

"We've had attorneys looking into various options, but that work is still not complete," he said. "We are hopeful that our research will provide a reasonable answer, but we may not know for several more days."

Tamayo said that even if she wanted to, she could not withdraw from the race. She cited a state law that bars a candidate from withdrawing from an election later than 24 hours after the deadline to file for office, except that a person can withdraw for ill health reasons up to 20 days before an election.

Tamayo said her campaign committee and family will continue their efforts to get her elected while she is away.

Donalyn Dela Cruz, a spokeswoman for the Democratic Party of Hawai'i, praised Tamayo's decision to enter the military and supports her decision to continue her campaign. "We wish her all the best in her contested race, and we'd like to see her and all the other Democrats (in that race) do well," Dela Cruz said.

Brennon Morioka, chairman of the Hawai'i Republican Party, said it was admirable of Tamayo to volunteer to go to Iraq. Asked whether she should stay in the election, he replied "that's an answer her constituents should give her."

Two other elected Hawai'i officials could also be activated by the military but have not been told that it is forthcoming.

Rep. Mark Takai, D-34th (Pearl City, Newtown, Royal Summit), a captain, said he had not received information that he would be activated. Takai is a preventive medical officer with the Hawai'i Army National Guard medical command. "It's too early to tell," he said.

Councilman Charles Djou, who is in the Army Reserve with a garrison support unit attached to the 9th Regional Readiness Command, said that after speaking to his commander a week ago, he did not anticipate being called up anytime soon. He added, however, that commanders could change their minds at any time.

Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com or at 525-8070.