State Rep. Tulsi, Iraq Duty and US Elections

[Guest guest]

NOTE:THE GABBARD FAMILY ARE PRACTICING VAISHNAVAS. MICHAEL GABBARD IS

CURRENTLY THE REBULICAN CANDIDATE FOR US CONGRESS

http://www.mikegabbard.com/home1.php AND AN ELECTED MEMBER OF THE

HONOLULU CITY COUNCIL. HIS WIFE CAROL, IS THE FORMER HEAD OF HAWAII'S

BOARD OF EDUCATION. THEIR DAUGHTER, TULSI, IS A HAWAII STATE

REPRESNTATIVE.BELOW IS A COLLECTION OF ARTICLES FROM THE HAWAII MEDIA

ON TULSI GABBARD TAMAYO'S CURRENT CRISIS OF DUTY.)

Mike and Carol Gabbard are such devoted Krishna followers that they

gave each of their five children Hindu names: Jai, Bhakti, Tulsi,

Aryan and Vrindavan.

http://www.standupforamerica.net/images/sufahonory_lg.jpg

 

 

The Case of State Rep. Tulsi, Iraq Duty and US Elections

(TULSI GABBARD TAMAYO'S WESBITE)

http://www.capitol.hawaii.gov/site1/house/members/rep42.asp?

press1=house&press2=members

 

Tamayo's political standing

awaits legal clarification

Active duty could keep the isle

soldier from serving in the House

 

http://starbulletin.com/2004/08/19/news/index6.html

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http://starbulletin.com/2004/08/17/news/art2a.jpg

Tulsi Tamayo: A Pentagon directive appears to rule out her candidacy

(click Link for Photo of Hawaii State Rep Tulsi Tamayo)

By Richard Borreca

rborreca

Hawaii state and military officials said they are not planning to

request that Rep. Tulsi Gabbard Tamayo be removed either from office

or as a candidate for re-election despite a Defense Department

directive that indicates she cannot serve both in the Legislature and

on active duty.

 

On Monday, Tamayo (D, Waipahu-Ewa), a specialist in the Hawaii

National Guard, was activated and given orders that will send her to

Iraq as part of an 18-month deployment.

 

Although the 23-year-old freshman Democrat had volunteered for active

duty, once she was activated and given military orders, she was no

longer under the command of the state's National Guard, she was in

the U.S. Army, according to Guard spokesman Maj. Charles Anthony.

 

"The Guard does not have any interest in this. On Monday, Rep. Tamayo

became Spc. Tamayo, and she is no longer a soldier in the Hawaii

National Guard," Anthony said.

 

Asked if the Guard would attempt to restrict Tamayo from either

serving as a legislator or being a candidate for re-election, Anthony

said, "No."

 

"The Hawaii National Guard is not going to restrict anything," he

said.

 

At the same time, Republican Gov. Linda Lingle acknowledged yesterday

that she has not investigated the matter and told reporters that she

did not plan to request Tamayo to leave office.

 

Lingle added that her administration did not plan to investigate the

legality of Tamayo remaining in office or running for re-election in

the face of an apparently contradictory Defense Department directive.

 

"I would expect only if the Office of Elections or the state House

made a request of the attorney general, then I am certain he would

deal with it," Lingle said. "We won't be making any request to them."

 

At issue is whether Tamayo can both remain in the Army and the

Legislature and also campaign for re-election while serving in Iraq.

 

A new Defense Department directive, which Anthony said is a

clarification of long-standing policy, prohibits members of the armed

services from serving in partisan public offices if their military

duty is for more than 270 days. Anthony said the directive "would

seem to indicate that you cannot be a full-time soldier and a

legislator."

 

"However, there seem to be some caveats in it, so it also seems that

a person could remain on the ballot as long as they do not campaign

or perform the duties of elected officials if it interferes with her

military mission," Anthony said.

 

Tamayo had said she interpreted the directive to mean she could

continue to serve in the Legislature and that if elected could serve

in the 2005-2006 Legislature.

 

Anthony said Tamayo or someone else could ask for a legal opinion,

but it was not clear if the request would be handled by a state,

federal or military court.

 

House Speaker Calvin Say has asked attorneys to research the matter

and also asked for help from military legal experts.

 

http://starbulletin.com/2004/08/18/editorial/indexeditorials.html

[ OUR OPINION ]

Tamayo should withdraw

or face discipline

 

 

THE ISSUE

State Rep. Tulsi Gabbard Tamayo says she will remain a candidate for

re-election while on active duty with the Army in Iraq.

 

 

 

 

 

WHEN the Pennsylvania state legislature convened last year, one

senator's empty chair was draped with a yellow ribbon. Sen. John

Pippy had been called into active duty with the Army reserves for up

to a year and departed for Iraq soon after being sworn in as a

legislator. If Hawaii state Rep. Tulsi Gabbard Tamayo, a member of

the Hawaii National Guard, has a similar vision after going on active

duty for service in Iraq, it is an illusion.

 

Unlike Pippy, who says he was "shocked" at being called to active

duty, Tamayo volunteered for active service, which began Monday.

Military rules specifically forbid soldiers and sailors from running

for or holding public office while on voluntary active duty. Tamayo,

who faces opposition from three Waipahu-Ewa candidates in the

Democratic primary election, should obtain Pentagon permission to

stay on the ballot, withdraw from her race for re-election or seek

discharge from active duty.

 

Several sitting state lawmakers have been called up by the reserves,

forcing them to miss legislative votes. An Aug. 2 directive by Deputy

Defense Secretary Paul Wolfowitz allows legislators to remain in

office if they are "under a call or order to active duty that

specifies a period of active duty of 270 days or less."

 

Pippy's circumstance, like that of Tamayo, was unusual because he was

activated during his campaign. An Army deputy general counsel barred

Pippy from continuing his candidacy, and it took a waiver from

Wolfowitz for Pippy, a Republican, to remain on the ballot.

 

Pippy turned the campaign over to his wife, won by a 2-1 ratio, and

was placed on legislative leave after being sworn in last March on a

one-day leave from the military. He returned to the Senate after

being deactivated in January.

 

The Wolfowitz directive clarified the Pentagon's policy, but not in a

way that permits a Tamayo candidacy while she is on active duty. It

requires that any activated soldier obtain Pentagon permission to

remain a candidate or withdraw the candidacy, regardless of whether

the candidate is an incumbent.

 

State Attorney General Mark Bennett says no state law prohibits

Tamayo from continuing her candidacy. Pippy's case demonstrated there

also is no federal law that could support a lawsuit against her

candidacy. A federal judge in Pennsylvania dismissed a suit

challenging Pippy's candidacy, ruling that the plaintiffs had no

constitutional standing to pursue a claim under general military law.

 

Pippy defended his decision to remain on the ballot and then be given

a leave of absence in the Pennsylvania Senate, telling the Pittsburgh

Tribune-Review, "The voters made an informed decision. They knew

about my situation and decided that in times like these they wanted

someone who understands what it's like to be a soldier."

 

The same may be true regarding Tamayo, who said, "I enlisted because

I have a strong desire to serve our country and state, and as a

soldier. I am proud of what I do."

 

Those are laudable qualities of patriotism and bravery, but her

decision does not come without risk. The Wolfowitz directive states

that any member of the armed forces violating it may be subject

to "disciplinary or adverse administrative action."

 

 

By Richard Borreca

rborreca

State Rep. Tulsi Gabbard Tamayo says she will remain a candidate for

re-election even though she is likely to spend next year on active

duty in Balad, Iraq.

 

 

 

http://starbulletin.com/2004/08/17/news/index2.html

Tulsi Tamayo: A Pentagon directive appears to rule out her candidacy

 

 

 

Tamayo, along with Rep. K. Mark Takai, is in the Hawaii National

Guard. Takai was not called up for active duty, but Tamayo

volunteered and was placed on active duty yesterday.

 

"I enlisted because I have a strong desire to serve our country and

state, and as a solider, I am proud of what I do," said Tamayo, 23,

(D, Waipahu-Ewa).

 

Tamayo faces opposition from three other Democrats in the Sept. 18

primary election with the winner going on to run against Republican

Trevor Koch in the Nov. 2 general election.

 

A Democratic opponent, Rida Cabanilla, who is a major in the Army

Reserve, said Tamayo should pull out of the race because she cannot

represent her district from Iraq.

 

"I give her credit, but she volunteered to go. We need young people,

but how can she run this district when she is thousands of miles away?

 

"It is a noble idea, but she should give up the idea of volunteering

and being in the district," Cabanilla said.

 

In preparation for re-election, Tamayo said she has already talked to

House Speaker Calvin Say to find the "best way to continue to have a

presence and a voice in the Legislature even though I will not

physically be here.

 

"Fortunately, in this age of modern warfare, the communications

capability in Iraq are very good," Tamayo said. "As far as the

quality of service to my constituents, it will not drop in any way. I

am confident they will be well served."

 

Say (D, Palolo) said his office is researching this issue, but noted

that she is now under orders from the Department of Defense.

 

"We do not have full control over how to handle her role as a

legislator once she is deployed," he said. "I know Rep. Tamayo would

like to hold onto her seat and serve from overseas. We are hopeful

that our research will provide a reasonable answer."

 

But an Aug. 2 Department of Defense directive says that members of

the armed services on active duty are not allowed to hold a civilian

office if they are deployed for more than 270 days.

 

The rule says a member on active duty shall not "use his or her

official authority or influence for interfering with an election;

affecting the course or outcome of an election; soliciting votes for

a particular candidate or issues; or requiring of soliciting

political contributions from others.

 

"(Or) Be a candidate for, hold or exercise the functions of civil

office."

 

State Attorney General Mark Bennett said there are no state laws

prohibiting Tamayo from running for office while on active duty.

Bennett added that his office has not researched the federal

directive.

 

"I don't recall anything like this coming up," Bennett said.

 

Takai (D, Newtown-Pearl City) praised Tamayo and said he had not

heard of the federal directive prohibiting active-duty soldiers from

running for office or serving in the Legislature.

 

"I think Tulsi has done a good job in the Legislature and the Guard,

and I believe we can continue to run for office while in the Guard,"

Takai said.

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Guard Says Legislator Can't Serve While on Active Duty

 

http://www.khnl.com/Global/story.asp?S=2190750

 

 

HONOLULU (AP) - Hawaii National Guard officials say state

Representative Tulsi Gabbard Tamayo won't be able to serve in the

Legislature while she is on active duty in Iraq.

 

National Guard spokesman Major Chuck Anthony says a judge advocate

general assigned to the Hawaii National Guard concluded from an

August 2nd Defense Department directive that Tamayo would not be able

to serve in the Legislature.

 

Tamayo says she believes that the directive may apply only to full-

time, active-duty military and not members of the Naitonal Guard such

as herself.

 

Tamayo says she will continue her campaign for re-election in the

42nd House District that includes Ewa and Waipahu.

 

Three other Democrats and a Republican also are seeking the 42nd

District seat.

 

The 23-year-old Tamayo volunteered for active duty and was among the

National Guard members who reported for active duty on Monday.

 

If re-elected, she will be in Iraq during next year's legislative

session and probably part of the 2006 session.

 

http://www.usatoday.com/news/states/himain.htm

Thursday, August 19

Honolulu - Rep. Tulsi Gabbard Tamayo won't be able to serve in the

Legislature while she is on active duty in Iraq, the Hawaii Army

National Guard said. A Guard official concluded from an Aug. 2

Defense Department directive that Tamayo won't be able to serve in

the Legislature, a spokesman said. Tamayo said she believes the

directive may apply only to active-duty military.

 

Wednesday, August 18

Honolulu - A legislator plans to continue her campaign for re-

election, even though she probably will spend most of next year in

Iraq. Rep. Tulsi Gabbard Tamayo, a member of the Hawaii Army National

Guard, volunteered for active duty with other members of the Guard's

29th Infantry Brigade.

 

http://the.honoluluadvertiser.com/article/2004/Aug/18/ln/ln03a.html

Posted on: Wednesday, August 18, 2004

 

Tamayo dual duty ruled out by Guard

 

By Gordon Y.K. Pang

Advertiser Capitol Bureau

 

Hawai'i National Guard officials said yesterday that state Rep. Tulsi

Gabbard Tamayo won't be able to serve as a member of the House of

Representatives while she is on active military duty in Iraq next

year.

 

Maj. Chuck Anthony, spokes-man for the Hawai'i National Guard, said a

judge advocate general assigned to the Hawai'i National Guard read an

Aug. 2 directive from the Defense Department titled "Political

Activities by Members of the Armed Forces on Active Duty" and has

concluded Tamayo would not be able to serve in the Legislature.

 

"It seems as though once you're on federal active duty ... for 270

days or longer, you cannot act in dual capacities," Anthony said. "In

other words, you can't be an elected official and a soldier at the

same time. That's our read on it."

 

The directive states: "A member on active duty shall not use his or

her official authority or influence for interfering with an election;

affecting the course or outcome of an election; soliciting votes for

a particular candidate or issue; or requiring or soliciting political

contributions from others." The directive goes on to say that members

cannot "be a candidate for, hold, or exercise the functions of civil

office."

 

Tamayo said she believes that the directive may apply only to full-

time, active-duty military and not members of the National Guard such

as herself.

 

She said she was surprised by the National Guard's interpretation,

noting that her name legally must stay on the ballot.

 

Tamayo said she will seek legal counsel. She also said her campaign

supporters will continue to ask that constituents vote for her

despite her absence.

 

"The situation seems very confused," Tamayo later said in a written

statement.

 

"What (Maj. Anthony) told me contradicts what I was told previously,

so I can't comment on the matter until I speak to them and get my own

counsel to look at the matter. I've paid a lot of attention to this

to make sure my constituents are well-served and have been working

closely with House Speaker Calvin Say, and I still believe that

things can be worked out."

 

Meanwhile, researchers at Say's office are looking into the case of

Pennsylvania state Sen. John Pippy, who was elected while on active

duty in Kuwait and Iraq in 2003 and returned to take his legislative

seat in January.

 

Tamayo, 23, was activated Monday after having volunteered to transfer

out of the Hawai'i Army National Guard's medical command, which is

not being deployed at this time, and becoming attached to a unit

being deployed that provides medical support for the 29th Separate

Infantry Brigade.

 

She is among some 3,600 Hawai'i-based National Guard and Army Reserve

members expected to set aside their day-to-day lives for the next 18

months and become active military during a tour that will include a

year in Iraq beginning in February.

 

Tamayo said she believes her situation may be different because "when

I filed, I didn't know I was going to be activated." She said she

found out about her activation on Friday. She had filed her

nomination papers on July 13. It remains unclear on what day she

volunteered for the unit that was being called up.

 

Further, she said, "even though I'm activated for deployment, it's

not like I enlisted as regular Army."

 

Attorneys and researchers for Say's office have been looking at the

issue the past two days.

 

House researchers and Tamayo pointed to Pennsylvania news reports

about Pippy, a Republican state representative who won election to

the state Senate in 2003.

 

Tamayo said her campaign will go on, even though she may be away.

Three other Democrats and a Republican are also seeking the 42nd

House District seat, which includes portions of Waipahu, 'Ewa and

West Loch. She pointed out that state laws bar her from withdrawing

from the race 24 hours after the July 10 candidate filing deadline

except for medical reasons.

 

Say's staff was exploring the options of how Tamayo might serve while

on active duty.

 

Rep. K. Mark Takai, D-34th (Pearl City, Newton, Royal Summit), said

the Pippy case shows Tamayo should be allowed to run for office while

she is on active duty. "I think that, based on what we understand of

the military's policy, it is possible for a person to run for office

and serve while on active duty," said Takai, who is a National Guard

member assigned to the medical command and has not been called up.

 

Takai said he also believes that the Legislature can enact rules to

allow a proxy to vote in Tamayo's place, although neither Pippy nor a

proxy voted during the entire time he was on military duty.

 

Anthony said the military attorney's opinion applied only to what

Tamayo can or cannot do in the military. As for what happens to the

House seat if Tamayo is elected while she is away, "that's a

legislative issue" and would be up to the other lawmakers, Anthony

said.

 

In 'Ewa, residents have mixed feelings about Tamayo's decision to

seek re-election even though she will likely be absent during the

better part of the upcoming two legislative years.

 

Raynette Daite, 48, of West Loch, said she voted for Tamayo two years

ago because Tamayo made a good impression as a first-time candidate

when she stopped by the Daite home. "I thought it was time for

somebody new, somebody who's young," Daite said.

 

But Daite, a bank manager, said she's struggling with whether to vote

for Tamayo again this fall, knowing she will be on active duty for

all of the 2005 legislative session and at least part of the 2006

session.

 

"I thank her, even," Daite said of Tamayo's decision to go to

Iraq. "But I don't know if I'm voting for her if she's going to be

away. I would like to have somebody sitting there and really being a

voice. It makes a difference."

 

Daite suggested that Tamayo run again when her military tour ends.

Daite said she would not hesitate to vote for her then.

 

Greg McHugh, 50, an 'Ewa by Gentry resident who spent 20 years in the

Navy and served during the Gulf War, said he supports Tamayo's

decision to serve in Iraq and expects to vote for her this fall.

 

"If elected officials get experience in the military, then they've

got a better understanding of what's going on," said McHugh, who is

now in the merchant marine.

 

But not all retired military felt as McHugh did. "I think they have

to make a choice," said 'Ewa resident Robert Coleman, 71, a retired

Navy man. "Either serve the country in the military or as a

politician. I don't think she should hold two jobs at the same time."

 

Heather Vincent, 26, a shift supervisor at an 'Ewa cafe, also is torn

about whether to vote for Tamayo, formerly a frequent visitor to her

establishment. "She's not going to know what's going on (at the

Legislature) if she's up there," Vincent said.

 

Monique Nuuanu, 26, of 'Ewa, said she respects Tamayo for her

decision to go to Iraq but also wonders whether she will vote for

her. Even if Tamayo is allowed to cast legislative votes

electronically, she said, "what happens if technology falls short and

a glitch happens?"

 

Reach Gordon Y.K. Pang at gpang or at 525-8070.