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The Honolulu Advertiser
Posted on: Saturday, August 23, 2008

Stop Rail to take up numbers with court

Advertiser Staff

Stop Rail Now said it will likely go back to court next week as part of its ongoing effort to get an anti-rail ordinance on the November ballot.

Circuit Court Judge Karl Sakamoto recently ordered the city to process the group's petition. However, there's still a question about how many valid signatures the petition needs to be certified for the general election ballot.

Stop Rail Now attorney Earle Partington yesterday said the judge's ruling, which was recently released, indicates the group needs valid signatures of at least 44,525 registered voters. Stop Rail Now claims it only needs about 30,000.

"It appears the court is taking the view that Stop Rail needs 44,000 signatures, which we don't have," Partington said. "I'm going to have to go back into court next week. Probably Monday."

Stop Rail Now sued the city earlier this month after the city clerk rejected its petition. The city claimed the petition was delivered too late to make the November election.

The group collected 49,041 signatures to put the issue on the ballot. Stop Rail Now has indicated that it likely does not have 44,500 valid signatures. That's because some signatures could be from non-registered voters or have technical errors.

The Stop Rail Now ballot issue reads: "Honolulu mass transit shall not include trains or rail."

The Honolulu City Council Wednesday passed a measure that asks voters whether the city shall "establish a steel wheel on steel rail transit system."

However, that question will only be placed before voters if Stop Rail Now's ordinance fails to make the November election.

Mayor Mufi Hannemann yesterday approved the City Council's proposed charter amendment. That measure also would allow the city to use technologies other than steel wheel on steel rail to extend the rail transit system.

Hannemann also approved a separate measure allowing voters to decide on a charter amendment mandating that the circuit courts have jurisdiction over proceedings for impeachment of elected officers, in conformance with state law.