Gov. Josh Green is refusing to appoint an interim member of the state Senate by a deadline set by Hawaii law to fill a seat vacated in May by then-Sen. Maile Shimabukuro representing parts of West Oahu.

Green, in a Tuesday letter to Senate President Ron Kouchi, said an appointment due 11 days before the Aug. 10 primary election would have too much influence on voters.

“In a healthy democracy, respecting the will of the voters is paramount, and I firmly believe that democracy will best be served by my allowing the voters to select the candidate of their choice, and by my respecting their decision,” Green said in the letter. “I do not believe that the Legislature intended to require the Governor to select a senator within a specified timeframe when doing so would place the full weight of the Governor’s office on the scales in favor of one candidate over the others.”

Kouchi (D, Kauai-Niihau) sharply disagreed with Green’s position and said the governor has a duty to pick a replacement by the statutory deadline.

“Governor Green’s ‘constitutional obligation’ is to comply with all state laws,” Kouchi said in a statement.

Under Hawaii law the governor has 60 calendar days after a state Senate or House of Representatives vacancy to appoint a replacement from a list of three prospective appointees submitted by the same political party as the prior incumbent.

Shimabukuro (D, Nanakuli- Waianae-Makaha) announced in November that she would not seek reelection in 2024, and she publicly endorsed Rep. Cedric Gates (D, Waianae-Makaha) to be her successor.

Shimabukuro’s formal notice to Green was made May 4 and stated that her resignation would be effective May 31, giving Green until July 30 to make an interim appointment after receipt of three nominees from the Democratic Party of Hawaii.

The political party’s list of nominees was submitted to Green on June 6 and includes Gates along with Stacelynn Eli, a former state House member representing parts of Leeward Oahu.

Gates and Eli are both Democratic candidates competing in the primary election for Shimabukuro’s former Senate District 22 seat, which has given rise to some public criticism of politicians trying to handpick their successors.

The third name submitted to Green for potential appointment to Shimabukuro’s former Senate seat is Croccifixio Crabbe, who is running for the House seat being vacated by Gates.

Shimabukuro was elected to the House in 2003, and in December 2010 was appointed by then-Gov. Neil Abercrombie to replace then-Senate President Colleen Hana­busa, who resigned from the Senate after being elected to Congress.

Shimabukuro’s resignation occurred after the end of this year’s legislative session and before her term was to end in November. She said she was leaving the job in part to spend more time with family and friends, and focus on her professional nonprofit legal services work and volunteering.

Green in his letter said that unique timing and circumstances of Shimabukuro’s resignation and primary election contenders left him conflicted between the state law on filling legislative vacancies and the Hawaii Constitution, which says all political power in the state rests with the people.

“Essentially, it is my constitutional obligation to support free and fair elections, and an appointment this close to the election would have me fail that responsibility,” Green said in his letter. “I am torn between these authorities in exercising my duties as Governor. However, I am comfortable that my decision to wait respects the will of the people who will elect a preferred appointee without my prior official decision having influenced the outcome.”

Green said it is his intention to name as his appointee whomever prevails in the primary election between Gates and Eli shortly after primary election results are certified.

Two Republican candidates also are competing to replace Shimabukuro. They are Samantha DeCorte and Teri Savaiinaea. The general election is Nov. 5.

Colin Moore, a University of Hawaii professor and political analyst, said Green’s decision in his view is the right one for the Senate district and democracy.

“I don’t think it would be appropriate for someone to have the advantage of incumbency this close to the election, and I don’t think the district will suffer from the very brief period of time when there’s not going to be an interim appointment,” Moore said.

Derek Turbin, chair of the Democratic Party of Hawaii, said he supports the decision by Green.

“I think that it’s incredibly important that we have fair elections and make sure the electoral process is as fair as possible,” Turbin said.

Kouchi said state law is clear that the Legislature intended that the party of a vacating senator would have a say in who replaces an outgoing senator before the end of a term by providing three replacement options to the governor.

“By not filling the vacant Senate District 22 seat until after the primary elections on August 10, 2024 from names provided by the Democratic party, Governor Green is taking away the ‘political power’ from the people of Senate District 22 and depriving them from having a Senator from the Democratic party for over two months,” Kouchi said in his statement. “Contrary to Governor Green’s assertion that ‘state law generally provides’ for the governor to fill a senate vacancy, HRS section 17(3)(1) clearly and unambiguously states that ‘the governor shall’ fill a senate vacancy within sixty calendar days from the start of the vacancy.”

Re: Appointment for Democratic Vacancy to Senate District 22 by Honolulu Star-Advertiser on Scribd