Quote:
Originally posted by SlaveNoMore
Why should primaries be open to anyone but people in the party?
|
I think parties can opt to pick their candidate at a convention instead of through a primary, which would satisfy the associational concern you are raising. If they're going to use the governmental electoral apparatus, why can't the government establish laws about who gets to participate?
I'm sure there is caselaw on this, since neither party likes open primaries.
eta: Indeed, the Fourth Circuit appears to have addressed this recently.
Here is a brief from the Va. Attorney General in the case, and it says (in part):
- Virginia allows political parties to choose their own method of nominating candidates. Virginia also expects that political parties generally will run and fund the costs of their nomination process.[2] However, at the request of the party, Virginia will provide a state-run and state-funded open primary. See Virginia Code § 24.2-530. Although political parties may have a closed primary if the parties administer and fund it, there is no provision for a state-run or state-funded closed primary. The choices as to the method of nomination and/or whether to take advantage of the State’s offer of a state-run and state-funded open primary are left entirely to the party. No party is required to do anything.
Curiously, footnote 2 says:
- 2 To be sure, a party’s nomination process, even when conducted and funded entirely by the party rather than by the State, amounts to state action. Smith v. Allwright, 321 U.S. 649, 663-63 (1944); Terry v. Adams, 345 U.S. 461, 472-74 (1953) (Frankfurter, J., concurring).
Apparently you take issue with those decisions.
Quote:
Should I be able to walk in and vote for Edwards, just to fuck with Hillary?*
*Note: This is a hypothetical point. Most Republicans, like myself, have far better things to do than waste their time on such shenanigans - Contrast, many Democrats, who, as teachers, journalists, unemployed students and municipal workers (collectively, "loafers"), have not only plenty of time to waste, but walk off the job at the drop of a hat if able to skew an election.
|
We'll file this under Paranoid Republican Electoral Fraud Myths, but the folder is getting overstuffed.
