A Defense Department directive about the political activities while on active duty was issued earlier this month, and that order allows Tamayo to retain her office, according to spokesman Lt. Col. Joseph Richard.

But Richard said a Defense Department staff attorney believes that Tamayo won't be able to do much else. "What the directive clearly states is that the representative, or someone in her position, is prohibited from the moment they assume an active-duty function, from exercising the responsibilities of the (elected) office," Richard said.

Tamayo, D-42nd (Waipahu, 'Ewa), has filed for re-election, and she faces challenges from three Democrats and a Republican. She could not be reached for comment yesterday.

Richard said that the military directive does not preclude state laws from removing a person from elective office. "Whether or not Rep. Tamayo must relinquish her office, that is really a matter that must be dealt with by the state of Hawai'i."

House leaders are not looking at such a scenario. Attorney General Mark Bennett said he did not believe state law would require Tamayo to be removed from office.

House Vice Speaker Sylvia Luke said House attorneys do not believe the directive applies to Tamayo's current term, which ends on Election Day on Nov. 2, because the directive speaks to only deployment beyond 270 days.

Luke said House attorneys are researching how other states have dealt with similar situations. She noted that a Pennsylvania state senator who was deployed to Iraq was allowed to retain his office.

Luke said the Legislature may want to pass a bill at the start of next year's session making it clear that a person can retain elective office while called to active duty. House attorneys have also been asked to look at the possibility of allowing someone to vote as a proxy in Tamayo's place, Luke said.

Luke said she personally would feel more comfortable with a statute rather than a simple change in House rules. "We're talking about people's ability to vote for a candidate, and of a representative's ability to cast a vote on behalf of the constituents," she said. "Something serious like that is not something we could do through House rules."

Richard said the Department of Defense would likely not object to a proxy so long as that person does not stay in continual contact with Tamayo while she is on active duty.