The State Attorney General’s office has issued an opinion that the loyalty oath required of candidates for office in Hawaii is invalid.
One week ago, in a similar opinion, it declared that the loyalty oath required of State and County employees and officers was made invalid by a recent U.S. Supreme Court ruling.
The oath required of candidates "is no different," Clinton K.L. Ching, deputy attorney general, wrote Monday to the Lieutenant Governor.
"Accordingly … your office may advise candidates seeking elective office that they need not subscribe to said loyalty oath in its present form."
Candidates in State and County elections in Hawaii have had to sign an oath (printed on their nomination papers) that they have had nothing to do with any group advocating the violent overthrow of the Hawaii Government or U.S. Government.
Ching issued his latest opinion in response to a request from Lieutenant Governor Andrew T.F. Ing, who is responsible for administering the State election laws.
Ing had asked for a legal opinion on the provisions of Section 11-96.5, Revised Laws of Hawaii.The pertinent part of this section reads as follows:
"The name of no candidate for any office shall be printed upon any official ballot, in any primary or general election, unless the candidate shall have taken and subscribed the following written oath or affirmation, and at the time of filing his nomination papers shall have filed the same therewith.
"The aforesaid written oath or affirmation shall be in the following form:
"I, ——, do so solemnly swear and declare, on oath, that I do not advocate, or aid or belong to any party, organization or association which advocates the overthrow by force or violence of the Government of Hawaii or of the United States; that if elected to office I will support and defend the Constitution and laws of the United States of America, and the Constitution and laws of the State of Hawaii, and will bear true faith and allegiance to the same; that if elected I will faithfully discharge my duties as (name of office) to the best of my ability; that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God."
