Hawaiʻi's legislative session lasts 60 days, but there are no requirements for state lawmakers to be present.
Lawmakers need to notify leadership in the House and Senate if they will not be present for the day during the legislative session. But there are no standards for how many days can be missed, or what is considered an acceptable absence.
"It's really up to the individual lawmakers. Ultimately their bosses are the electorate,” said political analyst Colin Moore.
"The Legislature is a unique place to work because it's not like there's an HR department. If you can explain it to your voters, then you're not gonna lose your job for not showing up to work.”
Rep. Elle Cochran represents Lahaina on Maui. She was absent 51 out of the 60 days of the 2025 legislative session.
In a written statement to HPR, she said she felt she was needed more in her district to help Lahaina fire survivors and deal with on-the-ground problems than at the Capitol.
"While absent from the Capitol, I was not absent from work on behalf of my district on Maui,” she wrote.
"My staff and I kept track of bills that were pertinent to my district. I introduced numerous bills and resolutions of importance to my constituents… Most importantly, there were no complaints from my constituents (I believe because they could see that I was in attendance at public meetings on Maui and responding to their concerns as they asked for help of me in person).”
Cochran did come back to vote on bills that were important to her, like one about regulating midwifery. Notably, though, she wasn’t there for the last week of session when most of the major bills passed.
Because she represents a district on Maui, she receives $225 a day to cover living expenses on Oʻahu. Each neighbor island lawmaker gets that per diem — roughly $15,000 for the legislative session — regardless of their attendance record.
Senate President Ron Kouchi explained that lawmakers often tell him they will be absent because of events in their district.
"I'm aware that they are on legitimate Senate business and missing, but right now you get your per diem, whether you show up or not,” he said.
"We have not changed anything, so if you're absent, you're still going to get the per diem check. What we need to look at is what would that policy be? And how should we implement/enforce it?”
Kouchi added that docking neighbor island lawmakers’ per diem for the days they are not present is not feasible because some are paying rent for the whole session, regardless of whether they are physically on Oʻahu.
Cochran isn’t the only lawmaker who has felt her time is better spent outside of the day-to-day legislative process.
Sen. Brenton Awa of Oʻahu received backlash on social media for missing conference committee, one of the final stages of the legislative process when a small committee of senators and representatives come together to negotiate a final version of a bill.
Awa was at the Merrie Monarch Festival on Hawaiʻi Island, but explained that he purposely doesn’t participate in conference committee. He also missed it in 2024.
"This thing is a waste of our time,” he said. "Beyond that, the people don't have a voice, and that is the number one reason why I don't go is because there is no testimony. That period is over, and we as senators don't get to speak to represent our people. You show up and you rubber stamp yes or no.”
Awa overall only missed four days of the legislative session — average in comparison to his colleagues; 23 lawmakers across both chambers had perfect attendance.
Unlike lawmakers, the governor and lieutenant governor earn 21 days of vacation and 21 days of sick leave – the same rate as other state employees.
Moore said lawmakers' attendance records aren’t necessarily the best indicator of whether they are good at their jobs, because not every vote is crucial, and being a lawmaker is often more than just taking votes.
"If the constituents are satisfied that their representative is still doing his or her job, even though they don't show up all the time, that's just democracy,” Moore told HPR.
However, attendance records can hurt lawmakers when they run for reelection.
"Most people have to show up to work, and they understandably see voting at the Legislature as their elected official's job,” Moore said.
"I think most legislators are loath to miss a bunch of votes because it looks really bad and it's something that any good opponent is going to be using to try to defeat them.”
This comes as lawmakers will receive pay increases starting in 2027, after the next election in 2026. That increase will bring their salaries from $74,000 to $97,000, and to $114,000 by 2030.
Senate President Kouchi also pointed out that lawmakers are not compensated for working outside of general work hours and are often working in the interim, going to events, listening to constituents and crafting legislation.
Citizens can contact their lawmakers' offices year-round, even between regular legislative sessions that run from about January to late April or early May.
House Speaker Nadine Nakamura wrote in an email that leadership is working on a policy regarding absences that will take effect next year.
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