Libertarians Crave Crossover Votes
Good, detailed reporting from the Pittsburgh Post-Gazette on Supreme Court deliberations on an attempt by the Libertarian Party of Oklahoma to allow any registered voter to vote in an LP primary. The whole piece is worth reading, but here are some excerpts:
Justice Antonin Scalia said the open-door policy favored by the Libertarians meant that "we don't have any policies; we just want to nominate someone." He said such a policy "destroys the whole purpose of letting people run under a party label."
In Oklahoma, political parties are….free to invite independents to take part in their primaries, but they may not put out the welcome mat for voters registered in another party. Without that ban, the justices were told, one party could "poach" the voters of a rival party, making the results in both primaries less reflective of the will of loyal party members.
……
But several justices questioned the "poaching" theory. Justice David H. Souter wondered whether a Democratic or Republican voter disaffected enough to vote in another party's primary wouldn't simply stay home on Primary Election Day if he didn't have that option.The justices seemed divided over the constitutional issue in the case -- whether the law infringes Oklahomans' First Amendment right to political association.
……
….Scalia suggested that voters who are "ashamed of the L word" could keep their options by registering independent and then voting in the Libertarian contest on Primary Election Day.Several justices worried that a ruling in favor of the Libertarians would mean that the Democratic and Republican parties also could hold open primaries…..
[The LP's lawyer] suggested that the justices could rule narrowly for the Libertarians because, as a small party, they were especially burdened by early registration deadlines and other election rules.
[Link via Rational Review.]
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What a wierd law. Why would anyone register as anything but indie? Here in VA, any registered voter can participate in primaries. Of course, because of silly primary scheduling, they were pretty much already decided by the time they got here, but still, it was fun casting an oddball vote for that Wes Clark fellow. ?
I fail to see how attracting voters out of Party A to vote in Party B's primary will make Party A's primary 'less reflective of the will of loyal party members. Wouldn't it make it MORE reflective of their will, since they were loyal enough to NOT get poached into someone else's primary? Characterizing those who jump ship to vote in another primary, ESPECIALLY the LP primary, as 'loyal party members' really just makes me break out in giggles.
First assume that the regulation is in violation of the Constitution. Then ask what its rationale is.
As I recall, some other offshoot of the LP fought against this very same type of law. i.e. they fought for their right to have only party members be able to vote in their primary...which happens to be the position I agree with.
Seems to me the whole "primary" system is a scam by the large parties to find a way to nominate a candidate without having to incur all the overhead costs.
holy crap, Libertarian news from Pittsburgh?!? a town that's currently tanking hardcore (and has been tanking semi-hardcore for 25 years now) maybe Tom Murphy will pick up the PG and turn over a new leaf. or maybe they'll just keep jacking up property taxes and continue making downtown a ghost-town.
First, I second viper. I hate to see my old hometown go down the drain like it is...(go Steelers!)
Second, potentially could this be a measure to keep opposition voters from throwing off the other parties primaries? For instance, say Democrat Candidate A is a much tougher oppenent than Democrat Candidate B. In an effort to help their candidate they could cast votes in the Democract Primary for Candidate B.
Potentially, if enough members from an opposing party vote in every primary it could skew the results in favor of the opposition.
Of course, if either party actually had candidates that were worth a damn...
Wait a sec, this case is about people who aren't Libertarian Party members voting in an LP primary.
I always wondered what a "Moot Court" was.
😉
"But lawyers for the state told the justices that the prohibition is justified by the need to ensure that candidates are faithful to the precepts of the parties that nominate them."
They just beg the question...if the party wants to allow crossover voters, then isn't the party willingly and knowingly accepting the "risk"? The decision does not have to force other parties to allow crossovers, it just has to allow parties to choose whether or not to allow crossovers.
ranger at January 20, 2005 04:29 PM
i'd 2d that as the only reason to vote in someone else's primary, seems pretty obvious to me, but of course i'm a .......
The way this issue was explained to me (and I don't know the details) in Michigan, regarding local party primaries, was that in theory one side could overwhelm the other and put a candidate on the ballot who was so unpalatable that their own side would win by default. Which sounds pretty evil, but I imagine it would be difficult to actually do.
But lawyers for the state told the justices that the prohibition is justified by the need to ensure that candidates are faithful to the precepts of the parties that nominate them
On the bright side, if the Court accepts this state claim, it would cast doubt on the legitimacy of President Bush's 2004 nomination.
😉
Of course, the prior question (he said in his "more libertarian than thou" voice) is why the state has any say in the rules for a primary at all. Primaries should be run and funded by the parties themselves, under whatever damned rules they choose,
if they choose to hold them at all. Caucuses and/or conventions can pick candidates just fine.
Are political parties associations of free individuals or quasi-governmental entities? Ever since states started making primaries mandatory, they have been sliding from one to the other.
Kevin
It's pretty scary when the government gets to define who can represent a free association of people (read: a party). The question of whether an outside group could co-opt a party is one for the party members to decide, not the courts. Fortunately, I think the courts have actually started to reconsider such party constraints.
Texas has an open primary system. Anyone can vote in any primary. California has (or at least had) a jungle primary where one could actually vote in different primaries for different offices.
In a situation where one party is dominant, it makes a lot of sense to allow everyone to vote in the primary, as that candidate is going to win the general election, often by default. The jungle primary allows the minority to still nominate candidates for the more competitive races state-wide or nation-wide.
Regardless of the game-theory behind each system, I don't see how a State can justify forcing a political party to be MORE restrictive than they wish to be.
So, LP leaders in Oklahoma are doing their best to boost the influence of non-libertarians in the LP?
Sounds like they're in line with the national party apparatus...
Being in Oklahoma, and part of the lawsuit in the first place, I'd like to just point out that the main thing is that the political party would get to decide IF they want to open their primaries to non-party voters, and that the state should not say either that a party must or must not allow an open primary.
There are ways to spin this, but basically, the concept of parties being private organizations that should have the right to control their organizations seems to be a little too subtle for many people to understand.
This particular lawsuit is not that big a step in itself, but further steps in the same direction would have a big impact on ballot access in difficult states like Oklahoma.
I should add, however, that I never expected the US Supreme Court to look at the case. 😉
ganske bra