HONOLULU -- Judges from the state Intermediate Court of Appeals grilled attorneys for Stop Rail Now and the city on how the issue of a proposed rail transit project will be put before voters.

Stop Rail Now wants voters to ban rail transit while the city wants voters to endorse it. So far, the courts have sided with the city, but on Monday, judges seemed very interested in what would happen if they reversed that and put Stop Rail Now's question on the ballot.

Rail opponents filled the Supreme Court's chamber.

"We only appealed last week and suddenly we are in court Monday, and a decision tomorrow -- that's good," Stop Rail Now founder Cliff Slater said.

The appeals court judges focused on the tight time frame. The city's attorney said a ballot question seeking a rail endorsement is already printed, with no time to change.

"The hardship is undeniable. There needs to be a mailing out of absentee ballots 30 to 35 days before the election just to comply with federal law," city attorney Don Kitaoka said.

Stop Rail Now's attorney said both questions could go on the ballot.

"I don't think it casts a shadow if both go on the ballot. One of them is just not counted," attorney Earle Partington said.

The judges suggested that could lead to both questions being ruled invalid.

"Don't we want to make sure that the voters get a voice on the big issue," Judge Katherine Leonard said.

"Well, I would agree and I think that's why our proposition belongs there because it's a straight up and down," Partington answered.

At least one judge asked if Stop Rail now was seeking a loophole to overcome their failure to get enough signatures.

"You chose to take advantage of the lesser number of votes you need for the special election, and now you want to put it on the general election ballot. It just doesn't seem to make sense," Judge Corinne Watanabe said.

The court is promising a ruling by Tuesday. That leaves time for one more appeal by either side before it is too late.