Defying the guidance of state Democrats, Laura H. Thielen, a director of the state Department of Land and Natural Resources under Republican Gov. Linda Lingle, said Tuesday that she will run as a Democrat for state Senate.
The Democratic Party of Hawaii has determined that Thielen is ineligible to run under the party’s banner because she has not been a member in good standing for the minimum six months required under the party’s rules. Thielen asked the party for an exception to the rule but was rejected.
Thielen’s decision to enter the Democratic primary for a Senate district that covers Lanikai and Waimanalo puts the onus on the party. State Democrats could challenge her candidacy in Circuit Court or move to expel her.
Under state election law, Thielen has to swear under oath that she is a member of the Democratic Party when filing her nomination papers to run for office. The party has the option of going to court and contesting her nomination on the grounds that while she is a member, she is not a member in good standing. The party could also expel her as a member, which would make her ineligible to run under state law.
"Voters have a legal right to choose who represents them," Thielen said in a statement. "A small group in a party cannot secretly and arbitrarily veto that choice. I am a member of the Democratic Party. Hawaii law allows me to run for public office as a Democratic candidate.
"It’s important to give voters a real choice among candidates this year," she said. "The Legislature is taking unprecedented action to eliminate environmental and zoning laws and limit public accountability over large government contracts and development. These laws have the potential to change the face of Hawaii forever."
Thielen said the party has previously granted an exception to the "good standing" rule for a candidate and has chosen not to enforce it on others. She said the process the party used to deny her an exception was "completely unfair."
Thielen’s mother is Republican state Rep. Cynthia Thielen, a longtime state lawmaker who represents the 50th District (Kailua-Kaneohe).
Dante Carpenter, the party’s chairman, said the process was applied fairly. He has urged Democrats who are upset about how the rule was enforced in Laura Thielen’s case to discuss potential rule changes at the state party convention in May.
"Is it complete? I’m sure that it could be improved, there’s no question about that. But that is the process that we’re involved in," he said.
Carpenter said he would consult with the party’s state central committee about whether the party should legally challenge Thielen’s candidacy. Democrats could also file a complaint with the Oahu Democrats alleging that Thielen violated the party’s constitution and should be expelled. Oahu Democrats would review the complaint and make a ruling, which could be appealed to the state central committee.
"Obviously, if everybody felt that they could make their own rules at any point in time, we wouldn’t have a party," Carpenter said.
While many Democrats believe the Thielen saga has damaged the party’s "big tent" image, others defend the "good standing" rule as a way for the party to screen candidates to ensure they represent the party’s values and platform. Several Democrats question why Thielen, who has described herself as a longtime Democrat, did not join the party until she wanted to serve as a state convention delegate and run for elected office this year. Some are unhappy that Thielen would seek an exception to the "good standing" rule and, when the decision did not go in her favor, blast the party and ignore the party’s guidance.
Thielen would face state Sen. Pohai Ryan in the Democratic primary. Former state Senate Minority Leader Fred Hemmings, a Republican who represented the district for a decade, has said he would run in the GOP primary.
Ryan said Thielen called her as a courtesy on Tuesday. The senator said she expected Thielen would run no matter what the party ruled.
"It doesn’t really matter to me," Ryan said. "I do see that she is getting a lot of free press."
