On July 20, a mid-level New York state court ruled unconstitutional a law that makes it illegal for one political party to spend any money in support of a candidate who is running in another party’s primary. In this case, the Working Families Party spent $126,000 to assist one of the candidates for Albany County District Attorney while that candidate was running in the Democratic primary of 2004. Avella v Batt, Supreme Court, Appellate Div., 3rd, no. 98847. The decision was based largely on the 1989 U.S. Supreme Court decision Eu v San Francisco County Central Committee, which struck down California laws that made it illegal for parties to endorse or oppose candidates in their own primaries.
Ballot Access News
Edited By Richard Winger
I think this is a bad move, as it pollutes the primary process by having what the law regards as a rival party interfere with the integrity of the nominating process of the party holding the primary.
However, the outside party should be allowed to cross-endorse the candidate and campaign on his behalf for votes on its own line, and thereby influence the target party’s choice that way.
I also don’t care for the decision, which seems to legitimize party tampering.
Under this ruling the major parties could spend (relatively) large sums of money to influence the choice in a minor party primary, for example to get a candidate that would not actively run against them.
Parties are not able to spend money to influence their own primaries. I can understand the logic somewhat, but it seems too rewarding of those that have the power over those challenging it.