On March 27, the Hawaii Supreme Court ruled that the petition-checking procedures used in 2004 for independent presidential petitions are legal. Peroutka v Cronin, no. 27233. Here is the decision.

The decision is somewhat maddening. Plaintiffs (Michael Peroutka, Constitution Party presidential candidate, and Ralph Nader, independent presidential candidate) had complained that even though the petition requires signers to list their birthdates, the state won’t use the birthdate information to help them find a voter on the rolls. The Court simply said that Hawaii regulations do not require elections officials to use the birthdate.

Plaintiffs had complained that when a signer has bad handwriting, the state simply refused to try to decipher that handwriting. The Court merely quoted the regulations, which say that elections officials “may” disregard signatures with bad handwriting.

Plaintiffs had argued that the same person who is in charge of checking signatures, is also the person who is in charge of hearing an appeal of his own work. The Court merely said there is nothing illegal about that.

The decision is devoid of any discussion of voting rights, or constitutionality. The parallel federal court case over these same issues is still alive, and the federal court is free to issue its own ruling and to disagree with the State Supreme Court. In a parallel situation, the Michigan Supreme Court had ruled on November 21, 2007, that a Michigan state law giving the list of presidential primary voters only to the two major parties is constitutional. That did not stop a U.S. District Court from coming to the opposite conclusion on March 26, 2008.

The U.S. Supreme Court issued a full opinion on March 31, but it did not issue the Indiana photo ID case for voters at the polls. There will be no more U.S. Supreme Court decisions until April 14 at the earliest.

It is possible to predict that 2008 will be another presidential election in which only six general election presidential candidates will theoretically be able to be elected.

It is quite likely that the presidential nominees of the Democratic, Republican, Libertarian, Green, and Constitution Parties, as well as independent candidate Ralph Nader, will be the only presidential candidates on the ballot in states containing a majority of the electoral vote. This will be a repeat of the situation in 2004.

The July 1, 2007 Ballot Access News paper issue listed such presidential candidates from all presidential elections 1856 through 2004. The number of electable presidential candidates has varied between two and seven, in all those elections.

RocktheDebates was founded to work for at least one general election presidential debate in which all the candidates who could potentially be elected, are invited. The fact that there almost surely will be six such candidates in 2008 should give renewed strength for the RocktheDebates goal. This year, if the Commission on Presidential Debates again claims that the 15% poll rule must be enforced or there would be “hundreds” of candidates on the stage, let that claim be countered with the facts. Also remember the large number of Democratic and Republican presidential debates held this season which were quite successful, even though there were often 6, 7, 8 or 9 candidates in those debates.