State Democrats have authorized the party to file a legal challenge to prevent Laura Thielen, a director of the state Department of Land and Natural Resources under former Gov. Linda Lingle, from running for the state Senate as a Democrat.
The party determined earlier this year that Thielen was ineligible to run as a Democrat because she had not been a member in good standing for at least six months, the requirement to campaign under the party’s banner. Thielen, who joined the party in February, asked for an exception to the rule, but was denied.
Thielen has filed to run in the primary for the Windward state Senate seat now held by Sen. Pohai Ryan (D, Lanikai-Waimanalo).
Dante Carpenter, the party’s chairman, confirmed that he received authorization from the party’s state central committee on Sunday for a legal challenge against Thielen’s candidacy. But he said he would not make a statement about what the party would do until this morning.
Thielen, who worked for the Republican Lingle and is the daughter of state Rep. Cynthia Thielen (R, Kailua-Kaneohe), has described herself as a longtime Democrat. She said the party should let primary voters decide who should represent them.
"It’s sad that a small group within the party continues to insist on the right to secretly hand-pick which members may run for office," she said in an email. "It’s puzzling that they refuse to explain their reasons, feel they are unaccountable to other party members, and that they don’t trust the voters to decide who should represent them."
State election law requires a candidate to take an oath affirming that they are a member of the political party they want to represent. Democrats can object to Thielen’s nomination papers in Circuit Court, alleging that while she is a party member, she is not a member in good standing eligible to run for office as a Democrat.
Many Democrats had hoped — and would still prefer — that the party not challenge Thielen’s candidacy. Democrats broadly agree that the party should be able to screen candidates for office to prevent opportunists from taking advantage of the party’s majority power. But many fear a court challenge against Thielen would conflict with the party’s big-tent reputation.
At the state Democratic convention last weekend, the party modified its constitution and created two paths for candidates who want to run as Democrats.
A potential candidate would be eligible if they are a member for at least six months or — if not — they can seek a declaration of eligibility from party leaders. The potential candidate would be entitled to address a hearing of party leaders and would be judged on whether they are likely to support the party’s platform and goals.
If the candidate is denied, they could appeal to the state central committee, which would conduct a fresh review.
Candidates who are rejected would be provided a rationale, something Thielen has said she did not receive when she was turned down for an exception to the six-month membership rule.
Some Democrats believed the rule change was an acknowledgement that the process used to deny Thielen an exception was flawed and hoped it would persuade party leaders not to challenge her candidacy.
Bart Dame, a progressive activist who was among the Democrats behind the rule change, said it demonstrates that the party favors inclusion. In a Facebook post on Wednesday, which he confirmed to the Star-Advertiser, he described the opposition to Thielen’s right to run as a Democrat as "mean-spirited" and not shared by a large swath of the party.
"I have no problem with the current leadership subjecting themselves to public ridicule by this boneheaded move," he said of a legal challenge. "They are in the grip of an irrational imperative and need to be slapped down in court. And I am fairly certain they will lose."
