Law Suit to Open PRESIDENTIAL Primary Filed

The same people in the GOP they wanted to use election law to destroy the Republican Party via Prop. 14—the Top Two—are back at it again.  Now they want to make sure no one registers as a Republicans—by opening the Presidential primary to NON REPUBLICANS to vote.  The Board of the California Republican Party might vote on that—or allow the full 1400 members to vote on that.

But is that does not work, no problem.  Some folks are going to the courts, to use a black robe to end the Republican Party.

“For CalMatters, Ben Christopher writes that the Independent Voter Project is filing suit today in Santa Bernardino Superior Court, arguing that the state’s top two primary applied in the presidential race violates the rights of voters not registered with a major party.

The filing argues that the state constitution requires in open primary, whereas following the Supreme Court’s ruling in CDP v. Jones 530 U.S.C. 567 (2000), the state uses a modified closed primary, where recognized parties can choose whether or not to allow voters expressing no party preference may cast ballots.

Watch this issue carefully.  Courts have been used in the past to harm political parties.

Republican presidential candidate Donald Trump speaks to supporters as he takes the stage for a campaign event in Dallas, Monday, Sept. 14, 2015. (AP Photo/LM Otero)

Lawsuit to Open Presidential Primary Filed

Dan Morain, Whats Matters,  7/23/19  

For CalMatters, Ben Christopher writes that the Independent Voter Project is filing suit today in Santa Bernardino Superior Court, arguing that the state’s top two primary applied in the presidential race violates the rights of voters not registered with a major party.

The filing argues that the state constitution requires in open primary, whereas following the Supreme Court’s ruling in CDP v. Jones 530 U.S.C. 567 (2000), the state uses a modified closed primary, where recognized parties can choose whether or not to allow voters expressing no party preference may cast ballots.

Article I, Section 5 provides:

(c) The Legislature shall provide for partisan elections for presidential candidates, and political party and party central committees, including an open presidential primary whereby the candidates on the ballot are those found by the Secretary of State to be recognized candidates throughout the nation or throughout California for the office of President of the United States, and those whose names are placed on the ballot by petition, but excluding any candidate who has withdrawn by filing an affidavit of noncandidacy.

Christopher writes:

This may be the first time this argument will be presented in a California court, but federal judges have weighed in elsewhere—and they have not been convinced, said Christopher Elmendorf, a law professor at UC Davis.

“The federal courts have said that parties have the right to keep non-members from voting for their candidates, as a general rule,” he said. “This sounds like an effort to relitigate under the state constitution a type of claim that the federal courts have not simply just rejected, but have said itself is violative of the rights of the party.”

My thoughts exactly.

About Stephen Frank

Stephen Frank is the publisher and editor of California Political News and Views. He speaks all over California and appears as a guest on several radio shows each week. He has also served as a guest host on radio talk shows. He is a fulltime political consultant.