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



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



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



No person other than the elected governor or
lieutenant governor shall become governor, provision being made by this section
only for an acting governor.



(d)  An officer succeeding to the powers and
duties of the lieutenant governor, under subsection (b) of this section, may
designate an officer in the office of the lieutenant governor to perform any or
all functions other than those pertaining to the office of governor.



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



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



(g)  No officer shall act as governor or
lieutenant governor under subsection (a) or (b) of this section, unless the
officer is eligible to the office of governor under the constitution.  No
officer other than a legislative officer shall act as governor or lieutenant
governor under this section unless the officer has been appointed and confirmed
prior to the time the powers and duties of the office of governor or of
lieutenant governor devolve upon the officer.  No officer shall act as governor
or lieutenant governor under this section if the officer is under impeachment
at the time the powers and duties of the office of governor or lieutenant
governor 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 after
respective officers have properly been elected to public office; it does not
relieve prospective candidate from compliance with Hawaii constitution, article
V, §2 during the qualification and nomination process.  81 H. 230, 915 P.2d
704.