Theodorico Erum, Jr. v. Benjamin J. Cayetano , in His Official Capacity as Lieutenant Governor and Chief Election Officer of the State of Hawaii
Court of Appeals for the Ninth Circuit
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
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, 1 or five one-hundredths of one percent. Because the number of votes Erum received represented less than ten percent of all votes cast and…
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