[Publisher’s Note: With yesterday’s decision by the Supreme Court of the United States to overturn an Appellate Court decision, and re-instate a draconian open primary scheme passed by Washington State voters a few years back, we turned to California Republican Lawyers Association President Steve Baric, a rising star among respected attorneys who have an expertise in political and elections law, to give us his analysis of the decision. Baric not only makes the case for why this was a poor decision by the Court, but undoubtedly is accurate in his concern that those who brought us Prop. 198 will be back again to attack the fundamental rights of political parties to the Constitutional right to freedom of association… – Flash]
REFERENCES: SCOTUS OPINION, SCALIA DISSENT
The Blanket Primary…
Back from the Dead?
By Steve Baric, President, California Republican Lawyers Association
When the United States Supreme Court struck down Prop 198 as an unconstitutional violation of the right of political parties to freedom of association, it appeared that the specter of the blanket primary was dead and buried in California. Sadly, it appears that the blanket primary may be rising from the dead.
Yesterday, in a surprising shift in direction, the United States Supreme Court struck a serious blow to all political parties in the United States. The Court’s decision in Washington State Grange v. Washington State Republican Party was a major victory for all with an agenda to blunt the ability of political parties to endorse and advocate their own candidates. The consequences of this decision are far reaching. Initially, the decision will infringe on political parties fundamental right to associate with candidates of their own choosing. Just as concerning is the fact that a Washington style primary will have the effect of squelching certain political views from the general election because several parties will not be represented.
In 2004, Washington voters passed an initiative changing the State’s primary system. Under the new primary system, the top two vote gathering candidates, regardless of party affiliation, advance to the general election. On the ballot, candidates individually choose their party designation. They are allowed to list their party of preference without having to get that party’s endorsement or support. In effect what this equates to is that a candidate who does not represent the ideas, values, or goals of a party can hold themselves out as a candidate of that party. This system also makes it possible to squeeze a party out of the general election all together, allowing two candidates of the same party to be the only choices on the ballot.
**There is more – click the link**
March 19th, 2008 at 12:00 am
which means in WA you’ll reeeeeeeeeeeeally have to work to get on the ballot. It truly punishes party infighting and encourages early ‘annointing’ of a candidate prior to the primary.
If you live in a Red state, great for Republicans. If you don’t, err….not so great.
March 19th, 2008 at 12:00 am
Once again you have gone off the rails, Jon. This is a well reasoned decision by Justice Thomas and hopefully California will soon have our primary election conducted the same as Washington State’s primary. This is the only way to save the California Republican Party from extinction at the hands of far right wing nuts because to win a primary the Republican Party will have to support moderate candidates who can attract independents.
March 19th, 2008 at 12:00 am
“Run the Trails? ….. “Won the Snails”……”Nuns with Veils”?….”Stun the Quails?”
“Buns of Whales?” …”Tons of Grails?”…. “Fun with Sails?” ….”Lawns and Hail?”
March 19th, 2008 at 12:00 am
What a terrible decision! If a similar open primary is enacted here in California, we may have to bring back pre-primary endorsements to protect ourselves from candidates who are Republicans in name but do not share our values and principles.
March 19th, 2008 at 12:00 am
Ah yes. Those famous RINO’s. Must protect. Must defeat. Must lose elections. Must become totally irrelevant. Must let the Democrats take over completely and tax and spend and give the money to their favored few. Must keep our heads firmly in the sand and let this great state go completely down hill.
March 20th, 2008 at 12:00 am
It’s not just about moderates vs. conservatives, Bob. The problem with an open primary is anyone, even someone with no history of involvement in the Republican Party, can identify himself as a Republican on the ballot and confuse the voters. Currently we as Republicans are able to select the best candidate, whether conservative or moderate, to carry our banner in November. A Washington-style primary would take away our ability to do so.
Also, if you’re concerned about tax-and-spend legislators taking over, I don’t see why you’d support a system that would elect more “moderate” Republicans that help bring about a 2/3 majority tax-and-spend coalition that works with Arnold to raise taxes to pay for health care for illegal aliens.
March 20th, 2008 at 12:00 am
I think this would mostly effect those districts with an overwhelming majority of one party, say 20% more in registration. In those districts it is likely that there would be 2 candidates from the same party on ballot. After a quick look at the Assembly districts this would involve 28 Dem districts and only 4 Rep districts. This could allow Reps in 28 districts to elect a more moderate Dem instead of the regular socialists that come from these districts. The liberal wing of the Democratic party has more to fear if this happens, so I don’t thinkg this will ever happen in CA.
Of course a Party should be free to nominate its own candidates without input from non-party members.
March 20th, 2008 at 12:00 am
Doesn’t California already have open primaries in special elections? Didn’t a Republican win the “open primary” for governor in 2003?
Didn’t conservatives like Jim Rogan, Dean Andal and Barbara Alby first achieve electoral success in “open primary” special elections?
Isn’t it also true FR Blogpen conservatives Mike Spence, Matt Rexroad and Barry Jantz have all achieved victory in non-partisan “open-primary” style elections?
The fastest growing group of voters in California are INDEPENDENTS. There is no logical reason why conservative can’t earn the support of these voters. Discouraging Independents from voting in Republican primaries is an act of sheer political stupidity.
Unless the California Republican Party starts adapting to political reality by attracting Independent and Latino voters, then we will become as pathetically impotent as the Republican Party in Massachusetts.
March 20th, 2008 at 12:00 am
Mr Jones you name is similar to mine so I must distingush myself from you.
I’m sure in a parallel universe somewhere Steve Maviglio is telling his core group of supporters.
Guys dont worry about the signs saying a North/Liddy ticket will win the presidency in a landslide once they stop fighting for the nod. I’m sure that if voters listen to liberal viewpoint the voters will see the light and come our way. We just can’t allow this blanket primary to win otherwise we are dead.
Good things happen to those who are nice to the people.