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BURDICK v. TAKUSHI

Nos. 86-2689, 86-2703.

846 F.2d 587 (1988)

Alan B. BURDICK, Plaintiff-Appellee, v. Morris TAKUSHI, Director of Elections, State of Hawaii; John W. Waihee, Lieutenant Governor, State of Hawaii, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 17, 1988.

Attorney(s) appearing for the Case

Steven S. Michaels, Deputy Atty. Gen., State of Hawaii, Honolulu, Hawaii, for defendants-appellants.

Mary Blaine Johnston, Brown, Johnston & Day, Honolulu, Hawaii, for plaintiff-appellee.

Before NORRIS and NOONAN, Circuit Judges, and SMITH, District Judge.

NORRIS, Circuit Judge:

In May 1986, Appellee Burdick notified Appellants Takushi and Waihee (Hawaii's Director of Elections and Lieutenant Governor, respectively) that he wished to cast a write-in vote in the upcoming September primary. After consulting with the State Attorney General, appellants informed Burdick that Hawaii election laws do not provide for write-ins and that such votes would be disallowed or ignored. Burdick filed suit in federal district court claiming...

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