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BURDICK v. TAKUSHI

Nos. 90-15873, 90-15876 and 90-15877.

927 F.2d 469 (1991)

Alan B. BURDICK, Plaintiff-Appellee, v. Morris TAKUSHI, Director of Elections, State of Hawaii; John Waihee, Lieutenant Governor of Hawaii; Benjamin Cayetano, in his Capacity as Lieutenant Governor of the State of Hawaii, Defendants-Appellants. Alan B. BURDICK, Plaintiff-Appellee, v. Benjamin CAYETANO, in his Capacity as Lieutenant Governor of the State of Hawaii; Morris Takushi, Director of Elections of the State of Hawaii, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 1, 1991.

Attorney(s) appearing for the Case

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

Mary Blaine Johnston, Wailuku, Hawaii, for plaintiff-appellee.

James M. Johnson, Sr. Asst. Atty. Gen., Olympia, Wash., for amicus curiae.

Before SKOPIL, BEEZER and FERNANDEZ, Circuit Judges.

BEEZER, Circuit Judge:

The district court ruled that Hawaii's lack of provision for the casting and counting of write-in votes in statewide general elections impermissibly infringed a Hawaii voter's rights of expression and association as protected by the first and fourteenth amendments. The district court issued a preliminary injunction ordering Hawaii to provide for the casting and counting of write-in votes and then stayed...

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