The filing by Gov. Ben Cayetano's administration asked the court to override a state law that set a Sept. 26 deadline for the party to appoint a replacement candidate for Mink.

The attempt by state officials to get the court to grant an exception to election law is likely to face an uphill battle. Late yesterday, the court rejected a request by Anzai to move up the date of a special election to fill the rest of Mink's term.

The latest court action, modeled after a similar case in New Jersey, triggered an immediate outcry from Democrats and Republicans, but for different reasons.

Hawai'i Democratic Party Chairwoman Lorraine Akiba said she would rather the party not pick a replacement candidate because she wants to give voters "the broadest possible choices." The party has been urging voters to vote for Mink in the general election, which would force a new election if she receives the most votes.

Republican state Rep. Bob McDermott, who is running for the 2nd Congressional seat Mink held at the time of her death, called the filing an example of "dirty politics."

"I'm certain we were going to win the general," McDermott said. "If they were certain Patsy Mink would win the general, they would not do this. I know polling is indicating that it's too close for comfort for them, and they don't want to lose the grip on this seat, so they want to appoint a tremendously strong Democrat with huge name ID late in the game."

Anzai said the filing is intended to save the state money and eliminate the need for what might turn out to be three elections for the same seat in two months.

This is the second time in a week the state has gone to court to ask for permission to set aside procedures set out in state election law. The first attempt was a filing Friday that asked the court to move up the Nov. 30 special election to Nov. 5 so it could be held in conjunction with the general election.

State officials said that would save the state much of the estimated $2 million that the Nov. 30 special election would cost, but the Supreme Court rejected the request.

The court ruled that holding the special election Nov. 5 would, in effect, disregard a "clear mandate" in state law that candidates and voters be given 60 days notice of a special election. The court said state officials had not shown a "clear and indisputable right to relief" as required in state law.

As it stands today, the state may have to hold three elections for the same seat: the general election contest between McDermott and Mink on Nov. 5, the special election to temporarily replace Mink on Nov. 30, and a possible third election early next year if Mink draws more votes than McDermott on Nov. 5.

Anzai said he is "hopeful" the filing today will eliminate the need for an election early next year, and said a ruling last week by the New Jersey Supreme Court bolsters the state case. The New Jersey court allowed the Democratic Party to replace U.S. Sen. Robert Torricelli on the general election ballot after Torricelli withdrew from the race.

Hawai'i Republican Party Chairman Micah Kane said the court action shows the Democrats are attempting to manipulate the system.