Comm No 0011.01 - Section 13-1 - Definition of Vacancy - Resign to Run

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First, the fundamental starting point for statutory interpretation is the language of the statute itself. Second, where the statutory language is plain and unambiguous, our sole duty is to give effect to its plain and obvious meaning. Third, implicit in the task of statutory construction is our foremost obligation to ascertain and give effect to the intention of the legislature, which is to be obtained primarily from the language contained in the statute itself. Fourth, when there is doubt, doubleness of meaning, or indistinctiveness or uncertainty of an expression used in a statute, an ambiguity exists. Applying this framework to Hawai'i County Charter Article XIII, Section 13-1 (f) states, "Vacancy' shall have the following meaning: Any elective office shall become vacant on the happening of any of the following events before expiration of the term: (9) Upon filing nomination papers for another elective office if the term of the office sought begins before the end of the term of the office held. Currently, the term of office for a Hawai'i State Senator is four years and the term of office for a Hawai'i County Council member is two years. Applying the plain meaning of Section 13-1 (f) (9) means that a vacancy would occur if the term of office sought (Hawai'i State Senate) begins before the end of the term of the office held (County Council). In this case, the terms of office of a Hawai'i County Council member and a Hawai'i State Senator are both completed at the end of the 2018 term. Since there is no overlapping of terms, a Hawai'i County Council member is not required to resign from office. However, if hypothetically, the term of office for a Hawai'i County Council member (or any other elected County official) was four years (instead of two years) and he or she was in the middle of their four year term (year two), then they would be required to resign upon filing of nomination papers for another elected office because the term of the office being sought (Hawai'i State Senate) would begin before the end of the term of office being held (middle of four year term), B. Legislative History. A review of the legislative history for Section 13-1 (f) (9) confirms my analysis that a vacancy would occur when the term being sought overlaps with the term currently held. Ordinance 96-86 amended Section 13-1 (f) (9) as follows: "Upon filing nomination papers for another elective office [during the officer's own term of office.] if the term of the office sought begins before the end of the term of the office held." A copy of Ordinance 96-86 is attached as Exhibit "A". Prior to this amendment, County elected officials were required to resign upon the filing of nomination papers for another elective office. The intent and purpose of Ordinance 96-86 was stated as: Intent and Purpose. The change reflected in this ordinance is viewed by the Council as a sincere effort to bring the County Charter into harmony with the Constitution of the State of Hawai'i and the Hawai'i Revised Statutes.