Posted on: Saturday, October 9, 2004

Suit filed to put Nader on ballot

By Derrick DePledge
Advertiser Capitol Bureau

Attorneys for independent presidential candidate Ralph Nader filed a suit in federal court yesterday in an attempt to get the state Office of Elections to put the consumer advocate on the November ballot in Hawai'i.

Election officials and representatives of the Nader campaign are still examining disputed signatures to determine whether Nader supporters collected the 3,711 signatures needed to qualify. But Eric Seitz, an attorney for the Nader campaign, said the suit was filed in case the recount does not change the state's initial conclusion that Nader supporters did not collect enough valid signatures.

"It doesn't appear that it's going to change things," Seitz said, adding that a hearing in U.S. District Court has been scheduled for Wednesday.

The suit also covers Michael Peroutka, the presidential candidate for the Constitution Party, who also did not have enough signatures to qualify, according to state election officials.

Nader is now on the ballot in 34 states and has court challenges in several others. He won 3 percent of the vote nationally in the 2000 presidential election, but did slightly better, at 5.8 percent, in Hawai'i. He campaigned in Hawai'i in July.

"I think our country needs more choice," said Bob Stiver, who is coordinating the Nader campaign in Hawai'i. "I don't see a dime's worth of difference between the Democratic and the Republican parties."

Rex Quidilla, an election spokesman, said officials were still reviewing the lawsuit.

The suit contends that election officials did not make sufficient effort to verify signatures and refused to consider signatures where post office boxes were listed as addresses. Seitz also questioned whether Social Security numbers or other personal information was requested or considered when validating signatures.

The suit argues that independent candidates have to satisfy a higher burden than candidates from recognized political parties.

Because some absentee ballots have been mailed out, Quidilla said, new ballots may have to be sent if Nader should qualify.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com or 525-8070.