Date: Thu, 06 Sep 2001 15:17:41 -0700
From: rsrchsoc@ionet.net ("John Wilde")
Subject: Re: [lpaz-discuss] register independent?
To: lpaz-discuss@yahoogroups.com
Reply-To: lpaz-discuss@yahoogroups.com
I am not talking about the recent appeals court decision. There were other cases
filed that challenged the validity of the statute that permitted the independants to
vote in the party primaries. As I said, I haven't paid to much attention to it, but
I do recall that the law was upheld, and as I recall the courts distinguished the
Arizona law from the laws at issue in Tashjian and Jones. Maybe someone who has the
details can get you the case or cases that were involved with the Arizona law.
So for now the parties do not have the ability to stop independants from
participating in the primaries.
g'day
John Wilde
Richard Winger wrote:
> The two US Supreme Court cases are Tashjian v Republican Party of
> Connecticut, 479 US 208 (1986) and California Democratic Party v Jones, 530
> S 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 M
> >
>
> >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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