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ERUM v. CAYETANO

No. 87-15156.

881 F.2d 689 (1989)

Theodorico ERUM, Jr., Plaintiff-Appellant, v. Benjamin J. CAYETANO, in his official capacity as Lieutenant Governor and Chief Election Officer of the State of Hawaii, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 2, 1989.

Attorney(s) appearing for the Case

Theodorico Erum, Kapaa, Hawaii, pro se.

Warren Price, III, Atty. Gen., State of Hawaii; Lawrence L. Hines, Steven S. Michaels, Deputy Attys. Gen., State of Hawaii, Honolulu, Hawaii, for defendant-appellee.

Before O'SCANNLAIN and TROTT, Circuit Judges, and KAY, District Judge.

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...

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