Date: Thu, 06 Sep 2001 15:15:55 -0700 From: ban@igc.org ("Richard Winger") Subject: Re: [lpaz-discuss] register independent? To: lpaz-discuss@yahoogroups.com Reply-To: lpaz-discuss@yahoogroups.com
The two US Supreme Court cases are Tashjian v Republican Party of Connecticut, 479 US 208 (1986) and California Democratic Party v Jones, 530 US 567 (2000). The recent Arizona State Court of Appeals decision did not uphold all Arizona state restrictions on political parties. It didn't specifically discuss the matter of who can vote in a party's primary. If that had been an issue in the case, you can bet that the parties would have trumped state law on that issue.
>From: "John Wilde" <rsrchsoc@ionet.net>
>To: lpaz-discuss@yahoogroups.com
>Subject: Re: [lpaz-discuss] register independent?
>Date: Thu, Sep 6, 2001, 2:01 PM
>
>Right now you are wrong. And up to this point the statute has been found to be
>valid. There was a distinction between the other state laws that were declared
>unconstitutional by those two cases. I don't remember the distinction.
>Because I haven't dealt with it in detail myself. A few others did and they
>can tell you why it stood up to a challenge.
>
>g'day
>John Wilde
>
>Richard Winger wrote:
>
>> Under two US Supreme Court decisions, any qualified political party is
>> always free to decide for itself, whether to let independents vote in its
>> primary or not. State law cannot trump the right of parties to decide this
>> for themselves. No matter what Az. law says, any qualified party in Az. is
>> always free to bar independents from its primary if it wants to. So maybe
>> it's not a good idea to register "independent".
>>
>>
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>
>
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