THE CONSTITUTION OF THE STATE OF HAWAII
ARTICLE V - THE EXECUTIVE
INDEX TO THE CONSTITUTION OF THE STATE OF HAWAII
section titles
preamble
article I
article II
article III
article IV
article V
article VI
article VII
article VIII
article IX
article X
article XI
article XII
article XIII
article XIV
article XV
article XVI
article XVII
article XVIII
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THE CONSTITUTION OF THE STATE OF HAWAII
As Amended and in Force January 1, 2000
ARTICLE V
THE EXECUTIVE
ESTABLISHMENT OF THE EXECUTIVE
Section 1. The executive power of the State shall be vested
in a governor. The governor shall be elected by the qualified
voters of this State at a general election. The person receiving
the highest number of votes shall be the governor. In case of a
tie vote, the selection of the governor shall be determined as
provided by law
The term of office of the governor shall begin at noon on
the first Monday in December next following the governor's
election and end at noon on the first Monday in December, four
years thereafter
No person shall be elected to the office of governor for
more than two consecutive full terms
No person shall be eligible for the office of governor
unless the person shall be a qualified voter, have attained the
age of thirty years and have been a resident of this State for
five years immediately preceding the person's election
The governor shall not hold any other office or employment
of profit under the State or the United States during the
governor's term of office. [Am Const Con 1968 and election Nov 5,
1968; ren and am Const Con 1978 and election Nov 7, 1978]
LIEUTENANT GOVERNOR
Section 2. There shall be a lieutenant governor who shall
have the same qualifications as the governor. The lieutenant
governor shall be elected at the same time, for the same term and
in the same manner as the governor; provided that the votes cast
in the general election for the nominee for governor shall be
deemed cast for the nominee for lieutenant governor of the same
political party. No person shall be elected to the office of
lieutenant governor for more than two consecutive full terms.
The lieutenant governor shall perform such duties as may be
provided by law. [Am HB 19 (1964) and election Nov 3, 1964; ren
and am Const Con 1978 and election Nov 7, 1978]
COMPENSATION: GOVERNOR, LIEUTENANT GOVERNOR
Section 3. The compensation of the governor and of the
lieutenant governor shall be as provided by law, but shall not be
less than thirty-three thousand five hundred dollars, and twenty-
seven thousand five hundred dollars, respectively, a year. Such
compensation shall not be increased or decreased for their
respective terms, unless by general law applying to all salaried
officers of the State. When the lieutenant governor succeeds to
the office of the governor, the lieutenant governor shall receive
the compensation for that office. [Am Const Con 1968 and election
Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978]
SUCCESSION TO GOVERNORSHIP; ABSENCE OR DISABILITY OF GOVERNOR
Section 4. When the office of governor is vacant, the
lieutenant governor shall become governor. In the event of the
absence of the governor from the State, or the governor's
inability to exercise and discharge the powers and duties of the
governor's office, such powers and duties shall devolve upon the
lieutenant governor during such absence or disability
When the office of lieutenant governor is vacant, or in the
event of the absence of the lieutenant governor from the State,
or the lieutenant governor's inability to exercise and discharge
the powers and duties of the lieutenant governor's office, such
powers and duties shall devolve upon such officers in such order
of succession as may be provided by law
In the event of the impeachment of the governor or of the
lieutenant governor, the governor or the lieutenant governor
shall not exercise the powers of the applicable office until
acquitted. [Ren and am Const Con 1978 and election Nov 7, 1978]
EXECUTIVE POWERS
Section 5. The governor shall be responsible for the
faithful execution of the laws. The governor shall be commander
in chief of the armed forces of the State and may call out such
forces to execute the laws, suppress or prevent insurrection or
lawless violence or repel invasion. The governor shall, at the
beginning of each session, and may, at other times, give to the
legislature information concerning the affairs of the State and
recommend to its consideration such measures as the governor
shall deem expedient
The governor may grant reprieves, commutations and pardons,
after conviction, for all offenses, subject to regulation by law
as to the manner of applying for the same. The legislature may,
by general law, authorize the governor to grant pardons before
conviction, to grant pardons for impeachment and to restore civil
rights denied by reason of conviction of offenses by tribunals
other than those of this State
The governor shall appoint an administrative director to
serve at the governor's pleasure. [Ren and am Const Con 1978 and
election Nov 7, 1978]
EXECUTIVE AND ADMINISTRATIVE OFFICES AND DEPARTMENTS
Section 6. All executive and administrative offices,
departments and instrumentalities of the state government and
their respective powers and duties shall be allocated by law
among and within not more than twenty principal departments in
such a manner as to group the same according to common purposes
and related functions. Temporary commissions or agencies for
special purposes may be established by law and need not be
allocated within a principal department
Each principal department shall be under the supervision of
the governor and, unless otherwise provided in this constitution
or by law, shall be headed by a single executive. Such single
executive shall be nominated and, by and with the advice and
consent of the senate, appointed by the governor. That person
shall hold office for a term to expire at the end of the term for
which the governor was elected, unless sooner removed by the
governor; except that the removal of the chief legal officer of
the State shall be subject to the advice and consent of the
senate
Except as otherwise provided in this constitution, whenever
a board, commission or other body shall be the head of a
principal department of the state government, the members thereof
shall be nominated and, by and with the advice and consent of the
senate, appointed by the governor. The term of office and
removal of such members shall be as provided by law. Such board,
commission or other body may appoint a principal executive
officer who, when authorized by law, may be an ex officio, voting
member thereof, and who may be removed by a majority vote of the
members appointed by the governor
The governor shall nominate and, by and with the advice and
consent of the senate, appoint all officers for whose election or
appointment provision is not otherwise provided for by this
constitution or by law. If the manner or removal of an officer
is not prescribed in this constitution, removal shall be as
provided by law
When the senate is not in session and a vacancy occurs in
any office, appointment to which requires the confirmation of the
senate, the governor may fill the office by granting a commission
which shall expire, unless such appointment is confirmed, at the
end of the next session of the senate. The person so appointed
shall not be eligible for another interim appointment to such
office if the appointment failed to be confirmed by the senate
No person who has been nominated for appointment to any
office and whose appointment has not received the consent of the
senate shall be eligible to an interim appointment thereafter to
such office
Every officer appointed under the provisions of this section
shall be a citizen of the United States and shall have been a
resident of this State for at least one year immediately
preceding that person's appointment, except that this residency
requirement shall not apply to the president of the University of
Hawaii. [Am Const Con 1968 and election Nov 5, 1968; ren and am
Const Con 1978 and election Nov 7, 1978]
1999-2005 by William H. Lawson.
