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The Honorable Patsy T. Mink <br />July 11, 1986 <br />Page 5 <br />Constitutional provisions are presumed to be <br />constitutional. City and County of Honolulu v. Ariyoshi, 67 <br />Haw. at , 689 P.2d at 763. Hence, the framers of a <br />constl.tutional provision cannot be presumed to have intended an <br />unconstitutional result when they adopted that provision. If <br />relying upon a literal or 'plain meaning" interpretation of <br />'term' or the phrase 'begins before the end' to distinguish <br />between incumbents' whose terms begin and end at a general <br />election and those whose terms do not, would lead to an <br />unreasonable or unconstitutional result, that interpretation <br />should be avoided. We believe that such a distinction is not <br />likely to withstand the judicial scrutiny to which it would be <br />put by a challenge based on the First Amendment or the Equal <br />Protection Clause. <br />In view of these considerations, it is our opinion that <br />you do not have to resign your present seat as a councilmernber <br />in order to be eligible as a condidate for the office of <br />Governor. <br />APPROVED: <br />Corinne K. A. Watanabe <br />Attorney General <br />LLH:na <br />31311 <br />Yours very truly, <br />awrence L. Hines <br />Deputy Attorney General <br />AG Op. No. 66-17 <br />