Tamayo, D-42nd (Waipahu, Honouliuli, 'Ewa), was among some 2,000 Hawai'i National Guard members who reported for active duty last week to begin training for a mission that will include time in Iraq. She has filed nomination papers for re-election to a second two-year term and faces three opponents in the Sept. 18 Democratic primary. If she wins, Tamayo would face Republican Trevor Koch in the general election.

Tamayo, who volunteered for deployment, said last week that she's confident she would be able to continue providing her constituents with a high level of service even while deployed.

K. Mark Takai

"When you go into a war zone, you cannot moonlight. It's a 24-7 job and you have to do what the Army wants," said Cabanilla, a registered nurse and a major in the Army Reserve.

Meanwhile, another state lawmaker, who could find himself in the same situation, said yesterday that there are no laws prohibiting Tamayo from retaining her House seat while on active duty in Iraq.

K. Mark Takai, D-34th (Pearl City, Newtown, Royal Summit), a Hawai'i Army National Guard officer who has not been called up, said he checked with various state and federal officials who concluded that a National Guard member ordered to active duty may continue to hold a state political office, as long as state law permits it.

Hawai'i's Constitution and laws do not prohibit a legislator from serving on active duty in the National Guard, he said.

At a news conference he called, Takai deflected several questions about why someone should get paid for a job they are barred from performing, but he acknowledged partisan politics are at play at a time minority Republicans are pushing to gain more seats in the House.

"Clearly, this is a numbers game, and from my perspective it's better to have that community represented by her or another Democrat," he said.

If re-elected, Tamayo would be eligible to collect her $32,000 annual salary even while out of state, House officials said. That salary goes to $34,200 next year.