1990-05-22_Resignation_to_Seek_an_Elective_Office

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i Larry S. Taninoto Mayor Richard I.Miyamoto �Iy Corporation Counsel `� M•� Steven Christensen °. Office of the Corporation Counsel Assistant Corporation Counsel Hilo Lagoon Centre • 101 Aupuni Street, Suite 325 • Hilo,Hawaii%720 • (808) %1-8251 FAX (808) 969-7049 May 22, 1990 C(DPY Honorable Stephen K. Yamashiro Councilman, County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Councilman Yamashiro: Re: Resignation to Seek an Elective Office You have asked for a written opinion on when you must resign to seek the office of mayor in the election to be held in 1990 to fill the vacancy created by the death of Mayor Akana. We reply that you must resign at or before the time of filing nomination papers for the mayor' s office. Section 7, Article II of the Hawaii State Constitution provides that : Any elected public officer shall resign from that office before being eligible as a candidate for another public office, if the term of the office sought begins before the end of the term of the office held. Generally this constitutional provision would not apply in the case of a councilmember running for the office of mayor since the terms of office of councilmember and mayor are coterminous . See Hawaii County Charter §§3-2 and 5-1. 1. We have so advised in a prior opinion to Helene Hale (see attached opinion dated December 29, 1982) . However as this election for mayor is a midterm election wherein the term of office for mayor will begin in 1990 which is prior to the term of your office ending, it is our opinion that this constitutional provision applies and you must resign your council seat in order to be able to run for the office of mayor.