Posted on: Saturday, November 23, 2002

ACLU challenges ballot measure

By Karen Blakeman
Advertiser Staff Writer

The American Civil Liberties Union of Hawai'i filed a lawsuit yesterday seeking to invalidate a state constitutional amendment that would allow prosecutors to bring criminal charges by filing a written complaint.

The amendment was approved by 60 percent of voters in the Nov. 5 general election.

The lawsuit, filed in the Hawai'i Supreme Court on behalf of 46 registered voters, contends the state misrepresented the amendment in information given to voters.

Background information distributed in pamphlets and through the media indicated such a complaint would be "supported by affidavits and other documentary evidence," and that "if a judge finds probable cause based upon the written information, a warrant is issued and the case proceeds to trial."

But the amendment itself, said ACLU legal director Brent White, contains no information about affidavits and other steps to protect the rights of the accused, only that prosecutors will file complaints "in accordance with procedures that the legislature may provide."

Voters did not get the complete text of the measure, White said.

"A very large percentage of the populations voted without knowing what it was voting upon," White said. "They were misled. We're only asking for a fair election."

Charleen Aina, deputy attorney general, said the high number of votes cast on the measure indicated the voters felt adequately informed, and to contest the election results would challenge their rights.