HONOLULU -- A political showdown over whether Oahu voters will cast ballots in favor or against rail transit in November is now headed to court after the city clerk on Monday refused to accept tens of thousands of signatures that the anti-transit group "Stop Rail Now" collected in a petition drive.

The lawyer for the anti-rail group said City Clerk Denise DeCosta did not have the authority to reject the petitions. He said she only has the power to validate or reject each signature for a ballot initiative.

Stop Rail Now supporters carted nine bankers' boxes into the city clerk's office full of 49,000 signatures from people who want voters to decide on rail transit at the General Election Nov. 4.

"We are here to present our petition for filing and ask that it be placed on the next General Election ballot," attorney Earle Partington said.

DeCosta refused to take the signatures, speaking from behind security glass in her office reception area.

"Because you are asking for this question to be placed before voters on a special election, that section of the charter prohibits me from taking your petition at this time," DeCosta said.

Rail opponents said the City Charter allows the clerk to combine a special election with a general election, to save money, because a separate special election could cost one to $2 million.

"That's their simplistic interpretation but that's not what the charter says," DeCosta said.

Partington said he plans to file suite immediately in Circuit Court to ask a judge to force the clerk to receive the petitions.

"It can't be any clearer. We have this right to have this voted on in the next general election," Partington said.

The clerk's decision disappointed Stop Rail Now volunteers.

"We went to different places. We went to Kailua. We did the open markets. A group of us went door-to-door in Kaneohe," Kaneohe resident Lola Kau said.

Kau helped gather signatures for the special election petition.

"They should allow us to vote for a rail that will affect our children and our grandchildren. It's ridiculous," Kau said.

If there is no court decision on the issue shortly after the Sept. 20 Primary Election, it may be too late to get a transit question on the General Election ballot. That is because the ballots must be sent out for duplication long before the General Election.