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The Honolulu Advertiser
Posted on: Wednesday, October 9, 2002

Cayetano defends effort to replace Mink

By Lynda Arakawa
Advertiser Capitol Bureau

Gov. Ben Cayetano yesterday defended his move to ask the state Supreme Court to allow Democrats to replace the late U.S. Rep. Patsy Mink on the general election ballot.

Republican Bob McDermott said he has consulted a lawyer about possibly challenging efforts by the Democratic Party to get a new candidate appointed.

Bruce Asato • The Honolulu Advertiser

"Let me say at the very outset that when Mrs. Mink passed away, there was a hue and cry from Republicans about the cost of the special elections, as if we had a choice," Cayetano said. "And since then, having heard from the public who have expressed concerns about the cost of the special elections, we have been finding and looking for different ways to obviate those costs and yet fulfill the requirements of the law."

State Attorney General Earl Anzai has asked the high court to override a state law that set a Sept. 26 deadline for the party to appoint a replacement candidate for the general election. Mink died Sept. 28 after battling viral pneumonia. A special election to fill her unfinished term will be held Nov. 30.

State officials have said if Mink wins the general election in November, another $2 million special election would be held in January to fill her seat for the next two-year term.

Some Democrats and Republicans have criticized the court filing, with Democrats saying a special election would be a more open process. Republicans have accused the Democratic Party of manipulating the system.

"For the Republicans to criticize us in trying to find a substitute I think is pure politics," Cayetano said. He said statements by Republicans "that somehow there is a sinister attempt to manipulate this election (are) totally off base and, as far as I'm concerned, irresponsible."

Cayetano also had strong words for fellow Democrats who are criticizing the state's action, saying, "They're members of my own party, but I wish they would kind of quench their own personal ambitions to try and do what's sensible and right."

In what could further complicate matters, at least 21,590 general election ballots have already been distributed to overseas and absentee voters, according to a court document filed by the attorney general's office yesterday. Office of Elections spokesman Rex Quidilla said if the high court allows Mink's name to be replaced, "we would have to find a way to address that issue."

On whether there are any practical problems involved in replacing Mink's name on the ballot, Cayetano said: "All you need to do is to print on a ballot two names, the Republican and the Democrat. And if you allow people to mark them manually, then so be it. And if you need people to count them manually, then so be it. To get hung up on the ballot as a reason why you shouldn't have something that's required by the Constitution and our law is ridiculous."

Cayetano said he believes the state's efforts are supported by a New Jersey Supreme Court's ruling to allow the Democratic Party to replace Sen. Robert Toricelli, who quit the race. Hawai'i's case is stronger because the vacancy was caused by the candidate's death, he said.

Cayetano also suggested that the Democratic Party's state central committee, which would select the nominee for the general election, keep the selection process open to the public and interview every candidate seeking the nomination.

Meanwhile, Mink's Republican opponent in the November election, state Rep. Bob McDermott, said he has consulted a lawyer about possibly challenging efforts by the Democratic Party to get a new candidate appointed.

"It's just not right," McDermott said. "We've got to follow the rules. That's why they're there."

McDermott said it was curious that Democratic leaders suddenly changed their plans to try and get Mink elected as a tribute, which would force a special election.

"What happened to the tribute?" McDermott asked. "All of a sudden that's changed."

"This is gerrymandering the election," he said. "This is manipulating the election because I've gotten too close (to winning) for comfort."

But Cayetano said: "He's not even close. I think Mr. McDermott will find out how good his poll is on Election Day."

In other developments:

• Former Gov. John Waihee, who had announced through a campaign spokesman he would run to serve the unfinished term of the late U.S. Rep. Patsy Mink, yesterday said Mink's husband, John Mink, should be elected.

"We can best honor Patsy by supporting John Mink as Hawai'i's congressional representative in the special election on November 30," Waihee said. "John is the person who can most appropriately represent Patsy's views on the issues that face this year's Congress."

Waihee, who is in Washington, D.C., on business, is still interested in running for the full, two-year term for the 2nd congressional seat, but is waiting for the legal matters surrounding the election to be settled, said Waihee's campaign spokesman Steve Hirano.

John Mink could not be reached for comment, but the couple's daughter, Gwendolyn, told the Associated Press her father has given her no indication that he plans to seek her mother's vacant 2nd District seat.

• Lt. Gov. Mazie Hirono said yesterday she disagrees with Cayetano's petition to replace Mink's name on the ballot.

"Hawai'i's voice in Congress is important, and we must elect the best candidate to represent Hawai'i in the 108th Congress," she said. "I understand the governor's concern about spending taxpayer's money. But we must balance that concern with a process that is fair and open."

Advertiser staff writer Dan Nakaso contributed to this report.