According to this news story, Hawaii’s Elections Chief plans to ask the federal government for a waiver (for 2010 only) of the new federal law that requires states to mail foreign absentee ballots at least 45 days before an election. Hawaii has the latest Congressional primary in the nation, and it is obvious that Hawaii can’t mail out its foreign absentee ballots in 2010 at least 45 days before the general election, unless it moves that primary to an earlier date.
Hawaii requires new political parties to submit their petitions at least 5 months before the primary, so an earlier primary in Hawaii will automatically mean an earlier deadline for parties to qualify themselves. However, a good case can be made that Hawaii has no strong interest in requiring such petitions so far in advance of the primary. Hawaii is one of the states that requires newly-qualifying parties to nominate by primary. The state is free to let newly-qualifying parties nominate by convention, as most states do. Alternatively, even if Hawaii wants to continue requiring newly-qualifying parties to nominate by primary, it really isn’t necessary to put the petition deadline five months before that primary. No other state except California requires so much lead time.