Senate President Ronald D. Kouchi (District 8 - Kaua'i, Ni'ihau) issued the following statement regarding Governor Josh Green's July 9, 2024, letter regarding the vacant Senate District 22 seat:
"After reading Governor Green's July 9, 2024 letter, I do not agree that he does not have to fill the vacant Senate District 22 seat pursuant to HRS section 17(3)(1).
Contrary to Governor Green's assertion that "state law generally provides" for the governor to fill a senate vacancy, HRS section 17(3)(1) clearly and unambiguously states that "the governor shall" fill a senate vacancy within sixty calendar days from the start of the vacancy.
Governor Green states that he does not have to comply with state law because he does "not believe that the Legislature intended to require the Governor to select a senator within a specified timeframe when doing so would place the full weight of the Governor's office on the scales in favor of one candidate over the others." Governor Green counterbalances his refusal to follow HRS section 17(3)(1) with Article I, Section 1 of the Hawai'i State Constitution citing that the "political power of this State is inherent in the people and the responsibility for the exercise thereof rests with the people."
The language in HRS 17(3)(1) is clear that the Legislature intended that the party of the vacating senator would have a say in providing three names to the governor to replace an outgoing senator. Senator Shimabukuro's last day in the Senate was May 31, 2024 and I am informed that the Hawai'i Democratic Party sent three names to Governor Green on June 7, 2024 – more than one month ago. By not filling the vacant Senate District 22 seat until after the primary elections on August 10, 2024 from names provided by the Democratic party, Governor Green is taking away the "political power" from the people of Senate District 22 and depriving them from having a Senator from the Democratic party for over two months.
Governor Green states that he "conferred with the Attorney General," not that he is acting upon the "legal advice of" the Attorney General and it is his "constitutional obligation to support free and fair elections" that is the driving force behind refusing to adhere to state law.
Governor Green's "constitutional obligation" is to comply with all state laws.
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