RESIGNATION FROM PUBLIC OFFICE


Section 7.  Any elected public officer shall resign from that office before being eligible as a candidate for another public office, if the term of the office sought begins before the end of the term of the office held. [Add Const Con 1978 and election Nov 7, 1978]


Attorney General Opinions


  The "another public office" refers to another elective, not appointive, public office.  Att. Gen. Op. 80-2.

  Applies to elected state or county officer seeking federal elective office; not self-executing.  Att. Gen. Op. 86-4.

  Does not require officeholders to resign if their successors would be elected at same election in which officeholders are candidates for other offices.  Att. Gen. Op. 86-17.

  Members of neighborhood boards are not public officers, therefore section is not applicable to them.  Att. Gen. Op. 88-7.


Law Journals and Reviews


  Fasi v. Cayetano:  Challenging Hawaii's "Resign-to-Run" Amendment.  13 UH L. Rev. 327.

  The Protection of Individual Rights Under Hawai`i's Constitution.  14 UH L. Rev. 311.


Case Notes


  Resign-to-run requirement does not apply to candidates for federal office.  68 H. 564, 722 P.2d 1032.

  Under this section, a public officer becomes "eligible as a candidate for another public office" at the time he or she files nomination papers for the second office; therefore, he or she must resign from his or her present office before filing nomination papers for the second office, if the term of the office sought begins before the end of the term of office held.  98 H. 176, 45 P.3d 798.










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