Re: Move to North Dakota if you really want a secret ballot, or ....

From: David Jefferson <d_jefferson_at_yahoo_dot_com>
Date: Thu Aug 05 2004 - 11:31:28 CDT

>> Is a primary election primarily a matter of internal party
>> governance, where the members of the party select their
>> candidate using secret ballots, .....

To me this is the key issue. It also was to the Supreme Court when the
struck down part of the California blanket open primary law in 2000 in
California Democratic Party v. Jones [120 S.Ct. 2402 (2000)]. The
court ruled that California's primary law at that time, in which all
registered voters in a primary could vote for any candidate of any
party, was unconstitutional because it violated the parties' First
Amendment right to free association, i.e. the right to organize into
groups with their own internal membership, purposes, and rules.

The result now is California's "slightly ajar" primary law, in which
nonpartisan registered voters may vote either on the nonpartisan
portions of the ballot only or they may opt to vote for candidates from
one of three political parties Democratic, Republican or American
Independent that have adopted rules allowing "crossover" voting.

The Republican party has chosen a special rule with regard to its
candidates for President: you must be a registered Republican to vote
for in the Republican presidential primary race, but Republicans and
nonpartisans ("decline to state") can vote in other Republican primary
contests. The Democratic party chose differently; any Democrat or
nonpartisan can choose to vote in the Democratic primary, including the
Presidential race. Very bizarre.

David

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Received on Tue Aug 31 23:17:03 2004

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