Who is a Democrat? A Republican? A Green? A bill would shift the burden of proof in court to the potential candidate, not the political parties.
Dante Carpenter, chairman of the Democratic Party of Hawaii, asked for the bill after candidates ran for office last year as Democrats even though the party had determined they were ineligible.
Laura Thielen won a state Senate seat after disregarding the party’s ruling that she was ineligible to run as a Democrat because she had not been a member of the party for at least six months before the filing deadline. Chris Manabat, who was not a party member when he filed to run for the state House, won in the primary but lost in the general election.
Thielen and Manabat had signed sworn oaths that they were members of the Democratic Party, and their filing papers were accepted by the state Office of Elections. Democrats had the option of challenging the candidates in court, but Carpenter said the party did not have the money and could not find attorneys to take the cases for free.
"We’ve had everything from individuals who were not members, period, to individuals who were members and did not meet the requisite amount of time necessary to obtain what might be called ‘good standing’ in the party to qualify as legitimate candidates as far as the party is concerned," Carpenter told the state Senate Judiciary and Labor Committee, which advanced the bill Friday.
Carpenter said that the state should ensure candidates are "true to their word."
Senate Bill 223 would require the Office of Elections to reject potential candidates if a political party claims they are not eligible to run under that party’s label. It would be left to the potential candidates to challenge the findings in court.
Carpenter had suggested last year that the party might take punitive action against Thielen, who had served as a director of the state Department of Land and Natural Resources under former Gov. Linda Lingle, a Republican, but Democrats let the issue drop after Thielen was elected.
Thielen, who has said she is a lifelong Democrat but one who had not formally joined the party until last year, reserved comment until she could read the bill.
Democrats so thoroughly dominate Hawaii politics that some candidates have made strategic decisions to join the party to increase their chances of election or to maximize their influence at the Legislature.
The party’s "big tent" philosophy has led to several disputes over whether elected Democrats adequately represent the party’s platform.
"The Democratic Party needs to have, and every political party needs to have, the right to control their brand and the people that run under their banner," Michael Golojuch Jr., chairman of the party’s gay, lesbian, bisexual and transgender caucus, told senators.
Sen. Les Ihara (D, Moiliili-Kaimuki-Palolo) said Hawaii is like a "one-party state."
"Sorry, Sam," Ihara said to his colleague, Senate Minority Leader Sam Slom (R, Diamond Head-Kahala-Hawaii Kai), the only Republican in the Senate.
"Hey," Slom said, "you’re stating fact."
