Haw. Rev. Stat. § 85
That a Delegate to the House of Representatives of the United States, to serve during each Congress, shall be elected by the voters qualified to vote for members of the house of representatives of the legislature. Such Delegate shall possess the qualifications necessary for membership of the senate of the legislature of Hawaii.
Such election shall be held on the first Tuesday after the first Monday in November of every even year and at such places as shall be designated by the secretary of the Territory. The ballot for Delegate shall be such as the legislature of Hawaii may designate, and until provision is made by the territorial legislature the ballot shall be of pink paper and shall be of the same general form as those used for the election of representatives to the legislature.
The method of certifying the names of candidates for place on this ballot and all the conduct of the election of a Delegate shall be in conformity to the general election laws of the Territory of Hawaii.
The person having the greatest number of votes shall be declared by the governor duly elected, and a certificate shall be given accordingly.
Every such Delegate shall have a seat in the House of Representatives with the right of debate, but not of voting. In case of a vacancy occurring in the office of Delegate, the governor of the Territory is directed to call a special election to fill such vacancy: Provided, however, That no vacancy shall be filled which occurs within five months of the expiration of a Congressional term.
The legislature of the Territory of Hawaii shall have the right to alter or amend any part of the election laws of said Territory, including those providing for an election of Delegate to Congress, and its action shall be the law, with full binding force, until altered, amended, or repealed by Congress.
The delegate is not a representative in Congress, although (dictum) he is a member of Congress: 3 U.S.D.C. Haw. 299 (construing law against contributions by corporations for election purposes). Compare the following decisions as to Philippine resident commissioner: 112 F.2d 29; as to delegate from Alaska: 5 Alaska 602. See note to §14.
HRS § 85
Law Journals and Reviews
William S. Richardson: A Leader in Hawai'i's Successful Post-WWII Political and Judicial Revolution. 33 UH L. Rev. 25 (2010).