Laserfiche WebLink
t� <br /> Honorable Stephen K. Yamashiro <br /> Page 3 <br /> May 22, 1990 <br /> The definition of "special election" in §11-1, HRS, does not <br /> apply in this contest but the words "special primary election" <br /> and "special general election" in the said section are <br /> construed as follows: <br /> "Special primary election" and "special general <br /> election, " elections held only (a) whenever any vacancy <br /> occurs in the offices of United States senator, United <br /> States representative, state senator, or state <br /> representative because of failure to elect a person at an <br /> uncontested general election or (b) as specified in <br /> county charters. (emphasis added. ) <br /> The Hawaii County Charter does not provide for a special <br /> election as such where a vacancy occurs, however, it provides <br /> in §5-1.5 that the "successor [be] duly elected at the state or <br /> state and county election and seated. " <br /> The question posed here is whether the election contemplated in <br /> §5-1. 5 of the Hawaii County Charter is a "special" election. <br /> In Kenfield v Irwin, 52 Cal . 164, 165, the court concluded <br /> that a "special election" is an election held to supply a <br /> vacancy in office occurring before the expiration of the full <br /> term for which the incumbent was elected. See also, State p <br /> rel . Fish -v,. Howell, 110 P. 386, 388, 59 Wash. 492, in which <br /> the court held that it was not necessarily the time or manner <br /> of holding an election to fill a vacancy that makes it a <br /> ' special election, ' but the fact that it is held at a time <br /> other than that fixed by law to elect an officer for the <br /> regular or defined term. Based on these and other authorities <br /> on the subject of special elections, we hold that the elections <br /> contemplated in §5-1.5 of the County Charter are "special" <br /> elections. <br /> Thus, it is possible under Act 35 for a candidate to resign and <br /> file his nomination papers "not later than" the 50th day prior <br /> to the primary election. <br /> Very truly yours, <br /> RICHARD I . MIYAMOTO <br /> Corporation Counsel <br /> By`Jl�A <br /> PATRICIA K. O'TOOLE <br /> Deputy Corporation Counsel <br /> PKO:de <br /> Enclosures <br /> cc: Mayor <br /> Managing Director <br />