DISQUALIFICATIONS OF MEMBERS


Section 8.  No member of the legislature shall hold any other public office under the State, nor shall the member, during the term for which the member is elected or appointed, be elected or appointed to any public office or employment which shall have been created, or the emoluments whereof shall have been increased, by legislative act during such term.  The term "public offices," for the purposes of this section, shall not include notaries public, reserve police officers or officers of emergency organizations for civilian defense or disaster relief.  The legislature may prescribe further disqualifications. [Ren and am Const Con 1978 and election Nov 7, 1978]


Attorney General Opinions


  Legislator may seek election to federal office without resigning before election.  Att. Gen. Op. 62-23.

  Senator whose term extends beyond next general election is disqualified to seek election at the next general election to office the salary of which has been increased.  Att. Gen. Op. 62-23.

  As public office has reference to a permanent trust and not to transient or incidental duties, legislators may be appointed to the temporary New York World's Fair Committee.  Att. Gen. Op. 62-26.

  Representative whose term ends on election day is eligible for election to office of lieutenant governor, the salary of which has been increased during the representative's term.  Att. Gen. Op. 62-43.

  Eligibility of county supervisor for election to legislature. Att. Gen. Op. 62-53.

  A professor at the University of Hawaii does not occupy a public office.  Att. Gen. Op. 66-20.

  Appointment of legislator to circuit court, before expiration of term as legislator, will not preclude legislature from raising salaries of circuit judges.  Att. Gen. Op. 69-10.

  Provision not applicable to legislator who is appointed or elected to a civil office which is created or whose emoluments are increased during the legislator's legislative term but after the legislator's appointment or election to the civil office.  Att. Gen. Op. 69-10.

  Legislator may serve on board, though created during legislator's term, where functions of board are confined to advising legislature on legislative matters.  Att. Gen. Op. 69-12.

  Public office, what constitutes; legislator may serve on board which is advisory in nature and whose functions do not involve exercise of sovereign powers.  Att. Gen. Op. 69-12.

  Member whose term ends on general election day could be elected at the general election to an office created during member's term of office.  Att. Gen. Op. 70-18.

  Aside from the prohibition against holding any other "public office", legislator may not hold incompatible positions.  Att. Gen. Op. 70-29.

  Members of legislature may be members in a constitutional convention.  Att. Gen. Op. 75-10.

  Legislature may require those running for legislative offices to resign from their present offices and may require legislators to resign before running for other offices.  Att. Gen. Op. 75-22.

  A representative appointed to the circuit court cannot be considered to be "holding" a judicial office until representative has taken a judicial oath and assumed the obligations of that office. Att. Gen. Op. 80-2.


Case Notes


  Act providing for filling vacancy in office of county chairperson does not "create" office, and emoluments are not "increased" by a worker's compensation amendment of general application.  50 H. 61, 430 P.2d 327.


Hawaii Legal Reporter Citations


  Legislative immunity.  78-1 HLR 78-431.

  Article unconstitutional.  82-1 HLR 820523.










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