1990-05-22_Resignation_to_Seek_an_Elective_Office

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f � i Honorable Stephen K. Yamashiro Page 2 May 22, 1990 The term of office of the current council began at 12 noon on the first Monday in December after the council elections, i .e. , on December 5, 1988. The term continues for 4 years until 1992. Section 3-2, Hawaii County Charter. Therefore if you seek the mayor' s office in the election to be held in 1990, you must resign "before being eligible as a candidate for another public office, " since your term as councilmember runs until 1992 and the term of the mayor' s office run for in 1990 will begin prior to 1992. The term "being eligible as a candidate" has been interpreted in Attorney General Opinion 86-4 as requiring the public officer seeking another office to resign no later than when nomination papers for the office sought are filed. This is based upon § 12-3(a) (8) of the Hawaii Revised Statutes which requires that a nomination paper for a candidate must be filed. which contains "a certification, where applicable, by the candidate that the candidate has complied with the provisions of Article II, Section 7, of the Constitution of the State of Hawaii . " In addition to the State constitutional provision, the County Charter should be considered. Section 13-1(f) (9) provides that there is a vacancy in office " [u]pon filing nomination papers for another elective office during his own term of office. " Both the State Constitution and the County Charter would apply, therefore, a current councilmember must leave office when filing for another office in the election to be held in 1990. The prior opinions and interpretations of these relevant provisions have been attached for your information: Corporation Counsel opinion dated May 27, 1988, and Attorney General Opinions 86-4 and 86-17. To add complexity to this issue, Act 35 of the 1990 legislature impacts directly upon the question under consideration in that it sets the time for filing nomination papers for special elections. The act provides in section 8 that the nomination papers shall be filed "not later than 4 :30 p.m. on the fiftieth day prior to the special primary or special election. . . , " (emphasis added) , i .e. , the Act allows 10 additional days to file the nomination papers than heretofore permitted.