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The Honolulu Advertiser

Posted on: Tuesday, October 8, 2002

State to ask high court for new name on ballot

By Kevin Dayton and Lynda Arakawa
Advertiser Capitol Bureau

Attorney General Earl Anzai will ask the state Supreme Court today to allow the Democratic Party to appoint a new candidate to take the place of the late U.S. Rep. Patsy Mink in the Nov. 5 general election.

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

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 state Supreme 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 decided in New Jersey last week, triggered an immediate outcry from both 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. That would give the party's biggest names time to establish their campaigns.

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.

Anzai said the case in Hawai'i is stronger than the one in New Jersey because the vacancy was caused by the candidate's death.

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

"I just see it, and I think the public will see it the same way, as an outrageous but not surprising effort to manipulate the rules late in the game for their own personal gain," Kane said. "I think this move is going to backfire on them. People will see right through this."

Akiba said she understands why the governor wants to eliminate the need for another special election, but that she prefers the current procedure.

"My major concern, my priority concern, is to make sure that this election process is fair and open and affords all Democratic candidates. We're most concerned about making sure that the voters of Hawai'i have the broadest choices and that they are allowed to decide."

In other developments yesterday:

• Gwendolyn Mink, daughter of the late congresswoman, said in a letter to The Advertiser that she sees no need for the special election to finish her mother's term. She said she believes "the Democratic Party is trying to create an incumbent and so to narrow the field of contenders to assure an outcome favorable to the party."

• Former Gov. John Waihe'e said he will run for Mink's unexpired term as well as in the special election, if one is held.