Their attorney, Eric Seitz, argued that the state violated Nader's constitutional rights by requiring independent candidates to obtain more signatures than party candidates to get on the ballot. He also argued that the way the state determined whether the signatures were valid placed an "insurmountable barrier" to independent candidates.

But Ezra said the state's treatment of independent and party candidates is "reasonable and ensure that only candidates who can show more than a modicum of support are able to be on the ballot."

He said the restrictions are justified when balancing the requirement with the "state's interest in avoiding voter confusion and the overcrowding of the ballot with candidates who have no real chance of success."

The judge also said the election process has already started. Election officials began mailing absentee ballots overseas, and about 1,000,500 ballots for the general election have been printed, he said.

Any changes would cost the state about $490,245 in reprinting costs, the judge said.

Under state law, the Nader supporters had to submit 3,711 valid signatures, representing 1 percent of the votes cast here in the last presidential election. Seitz said a political party candidate needs only one-tenth of 1 percent.

Nader's supporters submitted 5,600 signatures, but the latest review by election officials was that the group was 566 signatures short, they said.

Yoshina is reviewing the latest count by the staff, but said he doesn't think there will be enough signatures.

"We think that the judge is, frankly, wrong," Seitz said.

He said when the state tries to keep candidates off the ballot, the judge must consider whether those goals are legitimate and whether the state is accomplishing those goals in the "least restrictive" manner. He said he doesn't think Ezra looked at either point.

Seitz said he doesn't know if he will seek an immediate appeal to the U.S. 9th Circuit Court of Appeals, but may ask for an injunction in state courts to get the name on the ballot.

"I'm devastated," said Bob Stiver, Nader's campaign coordinator in Hawai'i. "I firmly hope Ralph Nader and his people will spend his money in appealing what appears to be a decision that's very unsettling."

Election officials, on the other hand, feared that an adverse ruling could possibly result in the presidential race here being held after Nov. 2 because there would not be enough time to get ready.

"I'm relieved," Deputy Attorney General Russell Suzuki said about the decision.

He said a second election here would probably be national news.

"We weren't really sure if we could get the election ballots printed in time," he said.

Yoshina said he holds no bias against Nader and he thinks the process was fair. "I think everybody has a constitutional right to run for office," he said.

Ezra also turned down Seitz's request that presidential candidate Michael Peroutka of the Constitutional Party be placed on the ballot. Because that party is not certified here, Peroutka is treated as an independent and state officials said his group also fell short of the 3,711 signatures.