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Const. Art. III, §5

Filling Empty Legislative Seats

Read the official text at capitol.hawaii.gov ↗

This section says that if a lawmaker leaves office early, the empty seat is filled for the rest of the term. The law decides how, but if there is no law, the governor appoints someone. It is a short rule about vacancies.

everyone

The constitution, as written — Vacancies

A copy, taken August 21, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.

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 §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 §17-3 would be invalid as violative of equal protection. 327 F. Supp. 745.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 21, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.