For those of you following along with the politcal musical chairs following the death last week of Hawaii's senior U.S. Senator Daniel Inouye, today Hawaii Governor Neil Abercrombie appointed his Lieutenant Governor, Brian Schatz, as the the temporary Senator to occupy the seat pending the selection by the voters in 2014 of a permanent replacement to serve out Senator Inouye's term.
This leaves the office of Hawaii Lieutenant Governor vacant, so what's next?
The Hawaii Constitution does not establish rules of succession, and provides only that "[w]hen the office of lieutenant governor is vacant ... such powers and duties shall devolve upon such officers in such order of succession as may be provided by law." See Haw. Const. art. V, § 4.
Section 26-2 of the Hawaii Revised Statutes sets out the order, and the next person in line is the President of the Hawaii Senate:
(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.
Haw. Rev. Stat. § 26-2. The appointment of the Lt. Governor to another office looks like an "or otherwise" situation, and it's up to the current Hawaii Senate President to "resign promptly." And so on.
