From: apfanning@psn.net ("Alan Fanning")
Subject: [lpaz-repost] Court Challenge to CA Primary Law 
To: lpaz-repost@onelist.com ("lpaz-repost")

This might have some impact here. It sure shows how screwed-up the courts are.

--Alan

People dream of making the virtuous powerful, so they can depend upon them. Since they cannot do that, people choose to make the powerful virtuous, glorifying in becoming victimized by them.

- Thomas Szasz

URL: http://flash.oregonlive.com/cgi-bin/or_nview.pl?/home1/wire/AP/Stream-Pa rsed/OREGON_NEWS/o1536_PM_WA--BlanketPrimary

States move to defend 'blanket' election primaries

The Associated Press 04/01/00 2:12 AM Eastern

OLYMPIA, Wash. (AP) -- The states of Washington and Alaska have waded into a U.S. Supreme Court battle in hopes of protecting voters' abilities to cast ballots for any candidate in primary elections, regardless of party affiliation.

The nation's high court plans to hear arguments by four poitical parties that California's voter-approved "blanket primary" law violates their constitutional right of association.

Washington and Alaska have similar primary laws and filed a joint friend-of-the-court brief Friday in support of California.

Washington and Alaska argued in their brief that primaries are a public process, not a private activity, and that states have a compelling interest in ensuring representative democracy through an election process that is open to all qualified voters.

Before 1996, California allowed only voters who were members of a political party to vote in that party's primary to nominate candidates for the general election.

In March 1996, voters overwhelmingly approved a ballot initiative that let voters cast their ballots in primary elections for any candidate of any party. For example, someone could vote to nominate a Republican candidate for governor, a Democrat for senator and a Libertarian for attorney general.

The state Democratic and Republican parties challenged the California law, as did the state Libertarian Party and the Peace and Freedom Party. They argued that letting nonparty members help choose their party's nominees violated their rights to political association.

A federal judge ruled against them, and the 9th U.S. Circuit Court of Appeals agreed.

The justices will hear arguments in the case April 24. A decision is expected by July.

The case is California Democratic Party vs. Jones, 99-401


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