FACTSHEET

CANDIDATE RESIGNATION REQUIREMENTS

HAWAII ELECTIVE OFFICES

 

Office Held

 

Office Sought

 

Action

 

Federal Office

 

Federal, State or County Office

 

 

 

No resignation requirement. (1)

 

State Office

 

Federal Office

 

No resignation requirement. (1)

 

 

State or County Office

 

Must resign only if the office currently held is not scheduled for election at the same election in which the person is a candidate for another office.*

 

County Office

 

Federal Office

 

No resignation requirement. (1)

 

 

State or County Office

 

Must resign only if the office currently held is not scheduled for election at the same election in which the person is a candidate for another office.*

 

NOTE:    The "resign to run" provisions are found in Article II, Section 7 of the Hawaii State Constitution: ”Any elected public officer shall resign from that office before being eligible as a candidate for another public office, if the term of the office sought begins before the end of the term of the office held.”

 

(1)   The Hawaii supreme court has determined that this section was only meant to apply to office holders who intend to be a candidate for another state or county office and not for office holders who wish to be candidates for a federal office. See Cobb v. Hawaii, 68 Haw. 564 (1986).

 

A person who is required to resign from a state or county office currently held must do so no later than when nomination papers for the office sought are filed. (Attorney General Opinion No. 86‑4)

This document is intended for informational purposes only and should not be used as an authority on the Hawaii election law and deadlines. Requirements and/or deadlines may change pending changes in legislation. Consult the Hawaii Revised Statutes and other sources for more detailed and accurate requirements.

Office of Elections
802 Lehua Avenue
Pearl City, Hawaii 96782
Phone: (808) 453-VOTE (8683)
Neighbor Islands Toll Free: 1-800-442-VOTE (8683)

Office of Elections – FSBO117D
Revised: 08/12/2011