§831-2  Rights lost.  (a)  A person
sentenced for a felony, from the time of the person's sentence until the
person's final discharge, may not:



(1)  Vote in an election, but if the defendant is
placed on probation or the defendant is paroled after commitment to
imprisonment, the defendant may vote during the period of the probation or
parole; or



(2)  Become a candidate for or hold public office.



(b)  A public office held at the time of
conviction is forfeited as of the date of the conviction, if the conviction is
in this State, or, if the conviction is in another state or in a federal court,
as of the date a certification of the conviction from the trial court is filed
in the office of the lieutenant governor who shall receive and file it as a
public document.  An appeal or other proceeding taken to set aside or otherwise
nullify the conviction or sentence does not affect the application of this
section.



For purposes of this section:



"Public office" means an office held
by an elected official, department heads, officers, and members of any board,
commission, or other state agency whose appointments are made by the governor,
chief justice, office of Hawaiian affairs, or the judicial selection
commission, or are required by law to be confirmed by the senate.



"Time of conviction" means the day
upon which the person was found guilty of the charges by the trier of fact or
determined to be guilty by the court.



(c)  Subsections (a) and (b) of this section
and any other laws to the contrary notwithstanding, any person convicted of any
act, attempt, or conspiracy to overthrow the state or the federal government by
force or violence shall not hold any public office or employment. [L 1969, c
250, pt of §1; HRS §716-2; ren L 1972, c 9, pt of §1; am L 1979, c 53, §2; gen
ch 1985; am L 2002, c 171, §2; am L 2003, c 150, §3; am L 2006, c 253, §3]



 



Attorney General Opinions



 



  OHA trustees are holders of "public office".  Att.
Gen. Op. 84-3.