Dante Carpenter, chairman of the Democratic Party of Hawaii, on Thursday urged Democrats upset by the screening process for candidates to discuss rule changes for future elections at the party’s state convention in May.
State Democrats decided Saturday that Laura H. Thielen, a former director of the state Department of Land and Natural Resources under Gov. Linda Lingle, is not eligible to run as a Democrat for state Senate in the August primary.
The party requires that candidates be members in good standing for a minimum of six months before the June filing deadline, and Thielen joined the party in February.
Thielen, who requested a waiver from the party’s rule and was rejected, said Thursday that she would make a decision in the next few days about how to respond. Her attorney, Eric Seitz, had informed Carpenter by letter before the decision Saturday that Thielen could simply file as a Democratic candidate and force the party either to challenge her nomination papers in Circuit Court or move to expel her.
State law requires candidates to take a sworn oath that they are members of the political parties they want to represent. Democrats could argue in court that while Thielen is a member of the party, she is not a member in good standing eligible to run for office. Democrats could also expel her as a member.
“This issue is now larger than any one candidate,” Thielen said in an email. “A small number of people who are not accountable to the public do not have the right to arbitrarily and secretly restrict ballot access and voters’ right to choose who represents them.”
Several Democrats on the party’s state central committee, speaking privately, said they are disappointed that Carpenter did not share the letter from Thielen’s attorney with the committee before the vote. Some are discussing whether Carpenter’s lack of disclosure could convince enough Democrats to demand that the party’s decision be re-evaluated.
Carpenter said he does not believe there are grounds for re-evaluation. He said Thielen or her attorneys could have distributed the letter. “They certainly had the opportunity before, during and after the declaration of the executive committee,” he said.
Other party activists said privately that the vote on Thielen should be final under the guidelines in the party’s constitution. Carpenter, in an email message to Democrats, said the time for discussion about rule changes is at the state convention.
Tony Gill, chairman of the Oahu Democrats, said he would be surprised if a court determines the party could not have eligibility standards for candidates. He said some apparently regard the party as “a bus, a public utility or Momma’s house with an open refrigerator.”
“There are a few people who don’t get that it’s a mutual relationship,” Gill said, “and they’re highly offended when anybody tells them that they can’t do exactly what they want when they want.”
Whether Thielen makes it on the primary ballot against Sen. Pohai Ryan (D, Lanikai-Waimanalo), Democrats might have difficulty holding the seat. Former state Senate Minority Leader Fred Hemmings, a famous surfer and one of the most popular Republicans in the state, said Thursday that he would run in the Republican primary. Hemmings had represented the district for a decade before opting not to seek re-election in 2010.