Theodorico Erum, Jr. v. Benjamin J. Cayetano , in His Official Capacity as Lieutenant Governor and Chief Election Officer of the State of Hawaii

May the State of Hawaii regulate its elections by limiting access of nonpartisan candidates to the general election ballot and by imposing different requirements as between nonpartisan and partisan candidates? The district court held that as a matter of constitutional law, it could. We agree.

I

Theodorico Erum was a nonpartisan candidate for county office in 1984 and received ten votes out of 18,232 cast in the primary election, or five one-hundredths of one percent. Because the number of votes Erum received represented less than ten percent of all votes cast and 205 votes less than the 215 votes the partisan candidate who qualified for the general election ballot with the least number of votes received, Erum was denied a place on the general election ballot.

Hawaii election law limits candidate access to the general election ballot for local and statewide elective office. Erum challenges in particular the Hawaii statute that prescribes access requirements for nonpartisan primary candidates, Hawaii Revised Statute § 12-41(b) (1985). To become a candidate on the general election ballot, a nonpartisan candidate must receive in the primary election either ten percent or more of…