Sunday, June 16, 2024
Hawai'i Free Press

Current Articles | Archives

Thursday, September 2, 2010
Ninth Circuit upholds denial of Nader's Hawaii ballot spot in ‘04
By Selected News Articles @ 2:12 PM :: 9577 Views :: Energy, Environment, National News, Ethics
Ninth Circuit Upholds Disparity in Hawaii Ballot Access Petitions


September 2nd, 2010

On September 1, the 9th circuit upheld the disparity in Hawaii’s petition requirements for the two different ways to get on the ballot for president.  Nader v Cronin, 08-16444.  Here is the 9-page decision.

In 2004, Hawaii required 677 signatures to qualify an entire new party, and 3,711 signatures to qualify an independent presidential candidate.  Ralph Nader and Michael Peroutka each tried to qualify as independent presidential candidates.  Even though each of them submitted more than 7,000 signatures, Hawaii elections officials invalidated over half of them.  Hawaii tends to disqualify signatures if the signer failed to show either the last four digits of his or Social Security number, or the full birthday.

Nader and Peroutka then filed a federal case, alleging that there can’t be any state interest in requiring independent presidential candidates to submit approximately six times as many signatures as are needed for an entire new political party.  But the 9th circuit upheld the law, in the face of this argument.  The decision says that the presidential candidate of a newly-qualifying party in Hawaii has the burden of showing that he or she is the nominee, not only of the Hawaii branch of that party, but of the national party as well.  The case has no evidence that it is burdensome for a presidential candidate to show that both his or her state party and the national party have nominated the candidate.

This decision shows that judges who uphold ballot access laws are not really worried about ballot-crowding.  In Hawaii, and in most states, when an entire new party qualifies for the ballot, that has a much greater potential impact on adding names to the ballot than the petition for a single independent candidate does.  It is obvious that if Hawaii can avoid ballot-crowding with a petition of 677 names for a new party, there can’t be any rational fear that it needs more signatures than that for independent presidential candidates. 

Thanks to Rick Hasen for the news.


LINK >>> Discussion



TEXT "follow HawaiiFreePress" to 40404

Register to Vote


Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together


Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii