Nachtwey V. Doi

On August 18, 1976, plaintiff Floyd Edward Nachtwey, an indigent, sought to file as a candidate for the United States House of Representatives from the First Congressional District of Hawaii. He was denied a place on the election ballot for his failure to comply with HRS § 12-6(4).*fn1 This law allowed an indigent to file as a candidate for the House of Representatives by submitting a petition signed by at least one-half of one percent (.5%) of the total registered voters in the congressional district at the time of filing. In plaintiff's case, 759 signatures were needed. A non-indigent candidate would have been required, instead, to pay a filing fee of $75.00 and to present nominating papers signed by twenty-five registered voters in the congressional district.*fn2