VACANCIES

 

     Section 5.  Any vacancy in the legislature shall be filled for the unexpired term in such manner as may be provided by law, or, if no provision be made by law, by appointment by the governor for the unexpired term. [Ren and am Const Con 1978 and election Nov 7, 1978]

 

Cross References

 

  Statutory provisions, see §§17-3 and 4.

 

Case Notes

 

  Before enactment of HRS §17-5, held that vacancy in senate resulting from death of candidate must be filled by governor by appointment.  52 H. 410, 477 P.2d 625.  But such appointment viewed in its relationship to HRS §17-3 would be invalid as violative of equal protection.  327 F. Supp. 745.