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The Honolulu Advertiser


By Gordon Y.K. Pang
Advertiser Staff Writer

Posted on: Saturday, December 12, 2009

Election may have to wait

 • Abercrombie will quit Congress to focus on Hawaii governor race

The person who will fill the remainder of U.S. Rep. Neil Abercrombie's term may not be selected until the fall elections because of budget constraints faced by the troubled state Office of Elections.

State Chief Election Officer Kevin Cronin said yesterday it cost about $2 million the last time a stand-alone special election was held to replace a member of Hawai'i's congressional delegation.

The financially strapped elections office is already forecasting a deficit this fiscal year and does not have money to run such an election, Cronin said. It also does not have any election machines, which would be part of the final pricetag. As a result, a special election may need to be delayed and piggybacked on the fall primary or general election, which would require only minimal additional cost, Cronin said.

The state is not required to hold a special election by any given time, he said.

"The provision for issuing a proclamation to call a special election does not provide any time when that special election shall be held and the proclamation itself will designate the date, time and place for the special election," he said. "The Office of Elections is required to hold a special election but that special election can be scheduled after considering all the election administration issues and the legal issue of issuing the proclamation. ..."

Holding an all-mail election, which would eliminate the need for precincts and precinct workers, may be another option. But that would still require people to count the ballots, possibly by hand, Cronin said.

"There would be some savings," he said. "But there would still be considerable costs."

Abercrombie said yesterday he intends to resign in order to campaign full-time for governor, a move that would trigger the special election process. He did not specify a date for his resignation. The last time a special election was held to replace an incumbent member of Hawai'i's congressional delegation was when Rep. Patsy Mink died in 2002.

Cronin has been under fire since taking over the office in 2008, and announced last week that he will resign effective Dec. 31. His tenure has been marred by legal challenges to a contract for new electronic voting machines that were used in 2008. An administrative hearings officer threw out the contract at the end of last year, a decision the state is appealing, while a Maui Circuit Court judge ruled that the voting machines were approved without proper administrative rules. The elections office has said bids for new machines for the 2010 elections could be accepted by spring or summer.

Cronin said yesterday it will likely be up to his immediate successor, an interim election officer, to make the call on when the special election is held. Under state law, the elections office must wait 60 days from the date it issues a proclamation declaring a vacancy to hold a special election.

Budget cuts and restrictions have reduced operating funds by about $400,000 this fiscal year, and to help deal with it Cronin has proposed shutting down 28 percent of the state's precincts in upcoming fall elections.

Cronin said his office yesterday immediately began discussing how to deal with a special election, and state Comptroller Russ Saito was contacted to discuss if funding might be available. Cronin said he was told by Saito, "I'll get back to you."

Federal Help America Vote Act dollars are available in certain circumstances, but it's unclear if this election would be eligible for such funding, he said.

"I suspect given our current economic circumstances, the Office of Elections would work very hard to make sure we get the most use of any funds that might be made available to the office," Cronin said.

The local party chairpersons for both major political parties expressed worry that Abercrombie's seat may be vacant through the fall.

"That would leave half of Hawai'i without representation," said Brian Schatz, chairman of the Democratic Party of Hawai'i. "Funding is short but elections are not optional. We have to find a way to fill this seat as soon as possible, and in a way that maximizes voter participation."

Jonah Ka'auwai, chairman of the Hawai'i Republican Party, agreed. "That would be a shame if Hawai'i would be without representation in Congress," he said. Ka'auwai said the situation points out the flaw in the current setup of the elections office which he believes should once again be under the auspices of an elected official.