At Cayetano's request, Attorney General Earl Anzai asked the Hawai'i Supreme Court to remove Mink's name from the general election ballot and allow the Democratic Party to choose a new candidate.

The petition filed today is an effort to save the state the $2 million cost of a special election that would be needed in January if Mink wins posthumously, Anzai said. The court rejected an earlier Anzai appeal to move a special election to fill out the remainder of Mink's current term to Nov. 5, general election day. That means the special vote, also expected to cost $2 million, will be Nov. 30.

New Jersey ruling cited

Cayetano said the state made the decision to appeal after former U.S. Sen. Frank Lautenberg was allowed to replace Sen. Robert Toricelli, who quit the race amid accusations of scandal. The U.S. Supreme Court refused to intervene.

The governor said the state was asking the court merely to allow what would have been done by law had Mink died before the deadline for removing her name.

"Just days ago, Republicans criticized the state by saying there were 'better ways to spend $2 million,"' Cayetano said in a written statement released by his office. "Now that we have put forth the only solution that would avoid the cost of a special election, they say the rules are being manipulated against them."

He said Republicans will be able to retain their candidate and the Democrats will "go through the process set forth in state law and select through their bylaws a replacement for their party's deceased candidate."

Waihee steps aside

Meanwhile, a day after saying John Waihee would run in the Nov. 30 special election to fill the remainder of Mink's term, a spokesman said the former governor now is urging Mink's husband, John, to seek the post.

Yesterday, Waihee spokesman Steve Hirano said the former governor planned to file papers to run in the special election.

In a statement issued by Hirano's office today, Waihee said he believes John Mink should be elected to fill the remainder of his wife's term.

"John is the person who can most appropriately represent Patsy's views on the issues that face this year's Congress," Waihee's statement said. "I urge all my fellow Democrats to join me in asking John to run and then electing him to finish Patsy's term."

John Mink, who also was his wife's campaign manager, has made no public statements since her death.

Hirano's statement said Waihee was in Washington, D.C., on business and would discuss his political future when he returns to Hawaii later this week. Neither Waihee nor Hirano returned telephone messages seeking further comment today.

Anzai said he believes state law allows for some discretion in naming a replacement on the ballot. Mink died Sept. 28, just two days after the deadline for the Democratic Party to name a replacement.

"I think we have a better chance" with the new petition than with the one that was rejected, Anzai said.

If the court rules in favor of the governor's request, then the Democratic Party's central committee will consider candidates and vote for the candidate they want to place on the ballot, party chairwoman Lorraine Akiba said Monday after Anzai announced his intention to file the petition.

GOP balks at action

Micah Kane, state GOP chairman, called Anzai's petition an effort to deprive voters of a chance to pick their representative.

The Nov. 30 special election is required to fill the remainder of Mink's unexpired term, which ends in January. If Mink is re-elected posthumously in the Nov. 5 general election, her seat would be declared vacant and another special election would be needed Jan. 4 to fill the seat.

At least 22 people have filed the required papers to run in the Nov. 30 special election, according to state election officials. They include Democrat Ed Case, who lost the Democratic primary for governor by about 2,000 votes.