The President of Hawaii (Hawaiian: Ke Pelekikena o Hawaiʻi) is the head of state and chief executive of the Republic of Hawaii and its various agencies and departments, under the terms of the Constitution of Hawaii. The President is directly elected for a four-year term. Unlike many other Oceanian heads of state, the Hawaiian Presidency is a powerful, executive post modeled after its American and French counterparts; the President is responsible for enforcing laws passed by the Parliament of Hawaii and upholding rulings of the Hawaiian judiciary, and serves as commander-in-chief of the Hawaii Defense Forces.
De jure, the President's authority only extends to the fields of national security and foreign policy; in all other matters, the "normal" rules of the Westminster system apply, and the President reverts to a figurehead role holding reserve powers only, while day-to-day governance is handled by the Prime Minister and the Cabinet, who are responsible to House of Representatives and must maintain its confidence. This state of affairs only exists de facto in case a hostile majority controls the House (cohabitation in French parlance); if the President's party also controls the House, the Prime Minister merely formalizes policy lines already made by the President, but might make independent decisions over their implementation to the extent the President allows.
The current President of Hawaii is Duke Aiona, first elected in 2012 and subsequently re-elected in 2016.
Election
Hawaiian presidential elections are conducted via run-off voting, which ensures that the elected president always obtains a majority: if no candidate receives a majority of votes in the first round of voting, the two highest-scoring candidates arrive at a run-off 21 days later. The first round of the presidential election is held on the first Tuesday after the first Monday in November; Inauguration takes place on January 20 following a presidential election.
There is no lifetime limit on the number of times a President may be elected, but a President who has been elected to two consecutive terms must be out of office for at least one election cycle before being eligible once again for re-election.
In order to be admitted as an official candidate, potential candidates must receive signed nominations from at least 50,000 voters. Furthermore, every candidate is required to be at least 35 years old and eligible for election to Parliament, and to have been a resident of Hawaii for five consecutive years previous to election.
On taking office, the President must take the following oath, stipulated by the first schedule of the constitution, at a joint sitting of Parliament:
In the presence of everyone assembled here, and in full realization of the high calling I am about to assume, I, [name], do solemnly swear [or affirm] that I will faithfully and conscientiously execute the office of President of the Republic of Hawaii; that I will to the best of my ability and judgement preserve, protect, defend and execute its Constitution and Laws; that I will do justice to every man after the laws and usages of Hawai'i, without fear or favor, affection or ill-will, self-interest or deceit; and that I will consecrate myself to the service and well-being of the nation.
Powers
Since Hawaii's constitution is based on the "Lancaster House template" used by British self-governing colonies and freshly independent ex-colonies during the 20th century, the President of Hawaii appears at first glance to be about as powerful as, or even somewhat weaker than, the Presidents and Governors-General of most other states in Commonwealth Oceania. In fact, while all of them legally possess the same sweeping powers, most Commonwealth Oceanian Presidents and Governors-General act almost entirely on the advice of the Cabinet (bar when using reserve powers), and thus play a strictly ceremonial role, whereas the Hawaiian President is an independent political actor with clear involvement in day-to-day governance.
In addition, the Hawaiian constitution's exact provisions are typically modified relative to the Lancaster House template to match US and French models more closely, explaining why some powers are apparently weakened. For example, while an unmodified Lancaster House constitution would impose no time limit on the power to dissolve Parliament (while a separate article would subject it, alongside all other Presidential or Gubernatorial-General powers, to the advice of the Prime Minister), the corresponding Hawaiian provision allows the President to dissolve the House of Representatives on his own initiative after consulting the Prime Minister and the speakers of the two houses of Parliament, but prohibits a dissolution within the first year of the House's term unless no government can be formed or a successful motion of no-confidence is passed – almost exactly the same conditions under which the President of France can dissolve the French National Assembly.
The President's greatest power is the ability to choose the Prime Minister. In accordance with the conventions of the Westminster system, the President appoints a person who enjoys the confidence of a majority in the House of Representatives, a requirement bolstered by the House's ability to remove the Cabinet from office through a motion of no confidence. However, owing to the fact the House is elected by a mixed-member proportional (MMP) system, no political party enjoys a majority on its own, making a multi-party coalition or a minority government backed by confidence and supply agreements the only possible government. The President must endeavor to find a candidate acceptable both to himself and to a majority in the House – not necessarily the parliamentary leader of the largest political party among those forming the government – and if no such candidate can be found, the President must dissolve the House and call an election prematurely.
In addition:
- The President appoints and dismisses the other ministers, and assigns their government portfolios, after consulting the Prime Minister.
- The President has the right to dismiss the Prime Minister in case he loses the confidence of the House despite the fact no motion of confidence against the Government is passed (e.g., in case the Senate rejects a supply bill).
- The President has sole responsibility for foreign, defense and national security policy; the corresponding ministers only manage public administration and deal with business in Parliament for these portfolios on his behalf.
- The President assents to bills, and may veto them subject to two-thirds majority override by Parliament; if the president fails to do so within 30 days, the bill automatically becomes law (there is no pocket veto). The President may also refer a bill to the Constitutional Council for review instead of assenting or vetoing it.
- The President has the right to rule by decree for a limited period of time in case of a serious constitutional crisis.
- The President may dissolve the House of Representatives of Hawaii.
- The President appoints up to five senators for life (other senators are either directly elected by universal suffrage or former Presidents serving ex officio).
- The President appoints one-third of the members of the Constitutional Council.
- The President appoints key officials (for instance, Supreme Court Justices, the Attorney-General, the Secretary to the Cabinet, the ʻIolani Palace Chief of Staff, the chairman and members of the Public Service Commission, the Chief of the Defense Staff and the Inspector-General of the Hawaii Police) subject to confirmation by the Senate.
- The President receives foreign ambassadors.
- The President may grant a pardon or reprieve to convicted criminals.
Impeachment
Impeachment in Hawaii follows procedures similar to the United States. The House of Representatives, one of the houses of the bicameral Parliament, has the exclusive power to initiate all cases of impeachment against key officials (such as the President, Vice-President, Ministers, Supreme Court Justices and the Ombudsman). When a majority of its membership has endorsed the impeachment proposal, it is then transmitted to the Senate of Hawaii, the other House of Parliament, which tries and decides the impeachment case.
In the Senate, selected members of the House of Representatives act as the prosecutors and the Senators act as judges, with the Chief Justice presiding over the proceedings. Like the United States, to convict the official in question requires that a minimum of two-thirds of the Senate vote in favor of conviction. If an impeachment attempt is unsuccessful or the official is acquitted, no new cases can be filed against that impeachable official for at least one full year.
Succession and incapacity
The Vice-President of Hawaii, elected on the same ticket as the President, acts as President upon the officeholder's absence from the state or if the person is incapacitated — unable to discharge their presidential powers and duties. If the Vice-President is also incapacitated, the authority to act as President devolves to the members of the Cabinet; first to the Prime Minister and, if he is himself not able to act, to the other ministers by order of seniority.
A Vice-President who acts as President exercises all Presidential powers and duties; however, while the Prime Minister or another minister acts as President, the authority to appoint and dismiss the Cabinet passes to the Speaker of the House and the powers to dissolve the House of Representatives or nominate a replacement Vice-President are suspended.
The President may declare his own incapacity by transmitting a statement to the Speaker of the House and the President of the Senate stating the reasons for the declaration. The President resumes the discharge of the presidential powers and duties upon transmitting, to those two officials, a written declaration stating that resumption.
Additionally, the Vice-President, in conjunction with a majority of the Cabinet, may declare the President's incapacity by transmitting a written declaration to the Speaker of the House and the President of the Senate stating this. If this occurs, the President can declare that no such incapacity exists and resume the discharge of the presidential powers and duties. If the Vice-President and Cabinet contest this claim, it is up to Parliament, which must meet within two days if not already in session, to decide the merit of the claim.
Vacancies and succession in the office of President may arise under several possible circumstances: death, resignation, and removal from office. If the President's office falls vacant, the Vice-President of Hawaii becomes President; However, if the Vice-President's office is also vacant, the rules for a double incapacity of the President and the Vice-President apply — i.e. the Prime Minister becomes merely acting President, not President in his own right, and must call a special presidential election.
The first round of that special presidential election must be organized on the last Tuesday during the 90-day period following the presidential vacancy. The new President and Vice-President elected in that special election serve only the remainder of their predecessors' term, except when the special election would be held held less than six months before the due date of an ordinary presidential election, in which case the Prime Minister acts as President until the vacant President's term expires. A special presidential election is in fact unlikely to happen, because once the Vice-President becomes President, he will normally name a new Vice-President.