Stop Rail Now yesterday asked Circuit Judge Karl Sakamoto to reconsider whether the group needs nearly 45,000 valid voter signatures in order to place an anti-rail ordinance on the November ballot.

Sakamoto recently ordered the city to process the group's petition. However, the judge's ruling indicates Stop Rail Now needs valid signatures of at least 44,525 registered voters. Stop Rail Now claims it only needs about 30,000.

A hearing on Stop Rail Now's motion for reconsideration has been scheduled for Sept. 3, according to the group's attorney, Earle Partington.

Partington said Stop Rail Now also plans to appeal to the state Supreme Court as early as today.

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

The Honolulu City Council last week passed a measure that would ask 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 ballot for the Nov. 4 general election.

Mayor Mufi Hannemann says he hopes to begin construction of the $3.7 billion elevated commuter rail in December 2009.