§26-2  Order of succession to offices ofgovernor and lieutenant governor.  (a)  When the office of lieutenantgovernor is vacant by reason of the lieutenant governor's becoming governor, orthe lieutenant governor's failure to qualify, or the lieutenant governor'sremoval from office, death, resignation, or otherwise, the powers and duties ofthe office of lieutenant governor shall devolve upon the president of thesenate; or, if there is none or upon the president's failure to resign promptlyfrom all legislative offices held by the president, then upon the speaker ofthe house of representatives; or if there is none or upon the speaker's failureto resign promptly from all legislative offices held by the speaker, then uponthe attorney general, the director of finance, the comptroller, the director oftaxation, and the director of human resources development in the order named;provided that any officer upon whom the powers and duties of the office oflieutenant governor devolve may decline the powers and duties without theofficer's resignation from the office by virtue of the holding of which theofficer qualifies to act as lieutenant governor, in which event the powers andduties will devolve upon the next officer listed in the order of succession.

(b)  When the lieutenant governor istemporarily absent from the State or is temporarily disabled, the powers andduties of the office of the lieutenant governor shall devolve upon theforegoing officers, other than the president of the senate and the speaker ofthe house, in the order named.

(c)  The powers and duties of any officeracting as lieutenant governor under this section shall include the powers andduties of the office of governor when that office is vacant, or when thegovernor is absent from the State or is unable to exercise and discharge thepowers and duties of the governor's office, in addition to the other powers andduties of the lieutenant governor.

No person other than the elected governor orlieutenant governor shall become governor, provision being made by this sectiononly for an acting governor.

(d)  An officer succeeding to the powers andduties of the lieutenant governor, under subsection (b) of this section, maydesignate an officer in the office of the lieutenant governor to perform any orall functions other than those pertaining to the office of governor.

(e)  During the period that any officer, underthis section is exercising the powers and performing the duties of the officeof governor or lieutenant governor by reason of a permanent vacancy therein,and not otherwise, the officer shall receive the compensation and perquisitesof the governor or lieutenant governor, as the case may be.

(f)  In a case covered by subsection (a), thetaking of the oath of office by an officer, other than a legislative officerrequired to resign under subsection (a), shall be held to constitute theofficer's resignation from the office by virtue of the holding of which theofficer qualifies to act as lieutenant governor.

(g)  No officer shall act as governor orlieutenant governor under subsection (a) or (b) of this section, unless theofficer is eligible to the office of governor under the constitution.  Noofficer other than a legislative officer shall act as governor or lieutenantgovernor under this section unless the officer has been appointed and confirmedprior to the time the powers and duties of the office of governor or oflieutenant governor devolve upon the officer.  No officer shall act as governoror lieutenant governor under this section if the officer is under impeachmentat the time the powers and duties of the office of governor or lieutenantgovernor devolve upon the officer. [L 1965, c 262, §1; Supp, §14A-8.5; HRS§26-2; gen ch 1985; am L 1994, c 56, §21]

 

Case Notes

 

  Section provides order of succession that applies only afterrespective officers have properly been elected to public office; it does notrelieve prospective candidate from compliance with Hawaii constitution, articleV, §2 during the qualification and nomination process.  81 H. 230, 915 P.2d704.