In 2004, Ralph Nader as well as the Constitution Party both challenged Hawaii ballot access laws in federal court. The lawsuit alleged that it is not even rational for Hawaii to require five times as many signatures for an independent presidential candidate, as for an entire new party.

This is especially true in Hawaii, where new parties must nominate by primary. When a new party qualifies in Hawaii, the state must print up separate primary ballots for it.

For years, the federal court in Hawaii has been postponing this case, waiting for the State Supreme Court to issue a ruling in a related case also filed by Nader and the Constitution Party. But the federal court is tired of waiting for the State Supreme Court, and has set a hearing on March 4, 2008. The case also challenges petition-checking procedures in Hawaii.