(BIVN) – The Hawaiʻi Office of Elections has issued a proclamation regarding the House District 1 seat that has been vacated with the death of State Representative Mark Nakashima on July 11, 2024. 

The Office says that since ballots have already been printed, Representative Nakashima “will remain on the ballot pursuant to HRS §11-118(c)(3) and votes cast will be counted accordingly.”

Nakashima was the sole candidate for House District 1, and thus he would have been deemed elected after the Primary Election, officials explained. “The result of this,” the Elections Office says, “is that a vacancy is deemed to exist in the office and the vacancy is to be filled pursuant to HRS §17-4, which states: ‘Whenever any vacancy in the membership of the state house of representatives occurs, the governor shall make an appointment within sixty calendar days following the first day of vacancy to fill the vacancy for the unexpired term by selecting a person from a list of three prospective appointees submitted by the same political party as the prior incumbent.'”

From the full text of the proclamation:

Pursuant to Sections 11-117 and 11-118, Hawaii Revised Statutes, I, SCOTT T. NAGO, Chief Election Officer of the State of Hawaii do hereby proclaim that the Office of Elections has received notice of the passing of the Honorable Mark M. Nakashima, who was the sole candidate for the office of Hawaii State Representative, District 1.

As provided for in Section 11-117, Hawaii Revised Statutes, the chairperson of the political party of the deceased candidate is informed. Additionally, as the ballots have already been printed, a notice of the death shall be prominently posted at the appropriate voter service centers on election day.

Furthermore, as provided for in Section 11-118, Hawaii Revised Statutes, the law requires the issuance of the present proclamation informing the public as to the consequences of the vacancy caused by this death.

Specifically, the law provides that if, “but for the candidate’s vacancy, the vacating candidate would have been deemed elected, a vacancy shall exist in the office for which the candidate has filed, to be filled in the manner provided by law for vacancies in office arising from the failure of an elected official to serve the official’s full term in office because of death, withdrawal, or removal.” Section 11-118, Hawaii Revised Statutes.

In the present case, the Honorable Mark M. Nakashima was the sole candidate for the office of Hawaii State Representative, District 1. As provided for in Section 12-41(a), Hawaii Revised Statutes, a candidate who would not be opposed in the General Election by any candidate running on any other ticket after the Primary Election is declared to be duly and legally elected to the office. Given that the Honorable Mark. M. Nakashima would have met these requirements, he would have been declared duly and legally elected after the Primary Election.

Under these circumstances, a vacancy has not only occurred for the remainder of the Honorable Mark M. Nakashima’s current term of office but also in regard to the new term of office that he would have been elected to but for his death. The filling of these vacancies is addressed in Section 17-4, Hawaii Revised Statutes, through an appointment process involving the Governor and the political party associated with the deceased.