ACLU attorney Brent White said he is disappointed with the judge's decision, but is happy the text will be published and not just an abreviated summary of the question which he said is "filled with errors."

"The voters have no idea what the text says and the court ruled they must publish it," White said after the hearing. "Voters should look at the amendments and decided for themselves. If they don't understand it, they shouldn't vote for it."

Deputy Attorney General Charleen Aina, who argued the state's case for the defendants, Chief Election Officer Dwayne Yoshina and acting director of the Legislative Reference Bureau Wendell Kimura, said she was "pleased the election won't be interrupted."

The ACLU filed a lawsuit last week on behalf of two residents, saying constitutional amendment proposal No. 3 should be scrapped because it includes "false and misleading information about the proposed amendment and is in violation of the state and federal constitutions."

The ACLU subsequently filed its request for a temporary restraining order.

White said the ACLU may continue to pursue the case depending on the outcome of the election.

The amendment proposal, if approved by a majority of ballots cast, would allow state and county prosecutors to send a felony case to trial by information charging, a written charge with supporting affidavits submitted to a state judge. If the judge decides the evidence is strong enough, the defendant must stand trial.