European Stars and Stripes (Newspaper) - December 11, 1991, Darmstadt, Hesse                                Wednesday. December 11, 1991 the stars and stripes a Page 7court to study ban on write in votes by Linda greenhouse the new York times Washington a accepting a Challenge to Hawaii s election Law the supreme court agreed monday to decide whether states May constitutionally prohibit write in votes. Three states in addition to Hawaii ban write in voting and Many others limit the practice. A Federal appeals court upheld the Hawaii Law earlier this year rejecting a Challenge brought by a lawyer who moved to Honolulu from new Jersey and found no candidates on the ballot whom he wished to support. Although Hawaii s approach is uncommon a the other three states that ban write ins Are Indiana Nevada and Oklahoma a the Case potentially has broader implications. Although the supreme court has left no doubt that the right to vote is protected by the Constitution the analytical basis for that conclusion remains surprisingly unclear and the two lower Federal courts that have considered this Case have disagreed vigorously about which constitutional principles to apply. Alan b. Burdick the Hawaii lawyer who began the lawsuit in 1986, argues that a citizens ability to a participate fully and freely in the electoral process Quot by voting for candidates of his or her Choice is a fundamental right protected by the first amendment s guarantee of free speech and association. Judge Harold m. Fong of Federal District court in Honolulu agreed last year when he declared the write in prohibition unconstitutional finding that a write in vote was a protected form of political expression. Quot if even one voter wishes to dissent from the voice of the majority by writing in the name of a candidate not available on the printed ballot this court believes that is his right Quot Fong held. But the 9th . Circuit court of appeals which covers Hawaii and eight Western states disagreed. In an opinion last Spring overturning Fongus decision. Judge Robert r. Bee or of Seattle wrote that while there is a fundamental right to vote there is not a an unlimited right to vote for any particular  Quot casting one s vote does not implicate fundamental rights in a vacuum Quot the 9th circuit opinion said. Beezer said that under the Federal system states retain Broad authority to regulate their election procedures to accomplish the goals they think most important. Hawaii defends its ban on write in Voles As necessary for order and stability in the voting process. In its Brief opposing Burdick s supreme court Appeal. The state said the write in ban protects stability by discouraging frivolous candidacies and preventing a sore losers Quot from mounting write in campaigns in the general election after losing a primary for the nomination. The state also noted that Access to the primary ballot in Hawaii is unusually easy requiring petitions with Only 15 or 25 signatures depending on the office. A Friend of the court Brief signed by or. Benjamin Spock Hugene Mccarthy and others who have mounted Independent political campaigns asserted that while Access to the primary in Hawaii was easy the barriers to Independent candidacies in the general election were neatly insurmountable requiring candidates to receive 1 1 percent of the primary vote Hawaii is so heavily democratic that the Republican party often docs not put up candidates for local races. Democrats constitute 90 percent of the stale legislature. Burdick sued after finding that there was Only one candidate running unopposed in his local legislative District. When lie sought information on How to write in a candidate s name As he had done in new Jersey he Learned to his Surprise that write in Voles would not be  writer dances to top in Media juror Columbia missourian managing editor George Kennedy with reporters Beth liar Nall and Eric Ditz holds a copy of the paper containing Darnall Story. Columbia to. A while a student writer reviews generous offers for her account of dancing topless journalists Are debating the Way her Story was reported in a student newspaper Beth Darnall said Money was t her motivation for writing a first person Story for the Columbia missourian a daily run by the University of Missouri school of journalism. She said her goal was to Stop a Man from Selling sex with College women through a singing Telegram shop near Campus. The Man who was arrested and charged has denied her allegations. Nevertheless the Story could make her Rich. Since the article was published in late november she has been offered $150,000 for movie rights and lesser amounts for appearances on tabloid television shows. The newspaper has become the focus of an ethics debate for helping police arrest Tom Bradshaw operator of a Novelty and costume shop called a a you re  before publishing Darnall s Story managing editor George Kennedy assigned another student journalist Eric Deitz to verify her account. He approached Bradshaw saying he wanted to hire a dancer for sex at a Bachelor party. Kennedy also contacted Columbia police and officers asked Ditz to Wear a microphone when he met with Bradshaw. Bradshaw was arrested nov. 20 after police overheard his conversation with Deitz. He was charged with two counts of promoting prostitution and is free on $5,000 Bond. In May Bradshaw was convicted of Selling sex with dancers at a fraternity party in nearby Fulton. Bradshaw s shop is closed and its phone has been disconnected. No one answered the door Friday. Bradshaw recently told the Columbia daily Tribune that Darnall is lying about his business so she can make Money. Darnall said Bradshaw hired her in october after she responded to a a help wanted Quot sign in the window of his shop. She said Bradshaw told her she could deliver a singing Telegram that afternoon. A i told him a you Don t understand i can to sing a and then he said a look it s for a topless dance it s $50, said. Darnall said Bradshaw told her later there was even More Money to be made by Selling sex. She said she quit after two weeks because Bradshaw repeatedly urged her to have sex with customers which she refused to do. Journalism ethicist have questioned whether police should have been contacted whether Deitz should have been used to gather evidence and whether Darnall was a victim since she willingly worked for Bradshaw. A once you Start lying to get a Story then when do you Stop lying to get a Story a asked Bob Steele an ethics expert at the Poynter Institute in St. Petersburg Fla. David Lawrence publisher of the Miami Herald and a member of the ethics committee for the american society of newspaper editors approved of the Way the Story was handled. A each of us has an obligation As a citizen that if we see something wrong we ought to do sop Weihing about it a Law rence said. Kennedy said he wrote in a note to readers a that its a Cardinal Rule of journalism to avoid involvement in news stories and i acknowledge we be broken it. But i concluded what we had was an ongoing criminal Enterprise and a professional Pimp taking advantage of immature College  a i have no doubt that if we had run Beth s Story without going to the police Bradshaw would have closed the doors walked away and no charges would have been filed a Kennedy  governor to seek 25% Cut in welfare from wire reports Glendale Calif. A gov. Pete Wilson announced monday that he would ask California voters next year to approve a proposed state constitutional amendment that would reduce welfare benefits by about 25 percent and give him Broad new Powers to Deal with budget issues. The proposed initiative designed for the november 1992 general election ballot was outlined by Wilson in a speech repeatedly interrupted by applause before the Glendale chamber of Commerce. The Republican governors proposal is Likely to create powerful political repercussions. The initiative sets up a political struggle Between liberals and conservatives welfare rights advocates and the old anti tax movement and will Force democrats to take a stand on an Issue they probably would just As soon avoid As they run in new legislative districts. Wilson was immediately denounced for using state budget problems to a a Scapegoat the poor and for proposing new Powers that one lawmaker said would make him a dictator of  democratic lawmakers and welfare advocates branded the gop governors far reaching proposal a mean spirited in the Mold of former nazi sympathizer David Duke s recent gubernatorial Campaign which blamed the welfare system for some of the nation s economic problems. A like David Duke Pete Wilson has attacked defenceless welfare mothers and children a said Kevin Aslanian of the coalition of California welfare rights organization. A this initiative is the most vicious Barbaric mean spirited initiative devised by any person to  among other things the initiative would require an immediate 1 1 percent reduction in Grants to families receiving Aid to families with dependent children the largest welfare program administered by the state. About 2.2 million californians receive financial Aid under Ardc at an annual Cost of roughly $6 billion. T he initiative would require another 15 percent reduction in Grants to welfare families with an a table bodied adult after six months. In addition the initiative contains a number of provisions that Wilson administration officials said would provide incentives for people to find jobs and keep families together. The initiative would set a maximum Grant that would not increase even if a Mother had additional children and it would provide that unwed teens receive Ardc Grants Only if they continue to live at Home. The initiative Calls for checks to be issued to parents or guardians