Utah Republican Party Asks U.S. Supreme Court to Hear Its Appeal on Party Nomination Process

On October 9, the Utah Republican Party asked the U.S. Supreme Court to hear Utah Republican Party v Cox. This is the case in which the Tenth Circuit had upheld a Utah election law, telling parties that they must allow candidates to petition onto the party’s primary ballot. The Utah Republican Party does not object to nominating by primary. But it only wants candidates on its primary ballot who showed significant support at a party endorsements meeting.

The text of the cert petition is 37 pages, case 18-450. It argues forcefully that freedom of association does not permit state governments to override the wishes of the party, as to how the party nominates. As far as is known, this is the first time any state unit of the Democratic or Republican Party has asked the U.S. Supreme Court to overturn a state law that tells parties how they nominate candidates, except for the 2000 California decision that overturned California’s mandatory blanket primary. The brief forcefully argues that the language in a 1974 U.S. Supreme Court case, American Party of Texas v White, that says “it is too plain for argument” that states can tell parties they must nominate by primary, was mistaken. In any case, that sentence in American Party of Texas was dicta. Justice Byron White, who wrote that opinion, was not being asked by any party to decide whether the state could force it to nominate by primary. He just added that sentence, gratuitously. But lower courts have long taken it to be binding. Thanks to Rick Hasen for the link to the brief.


Comments

Utah Republican Party Asks U.S. Supreme Court to Hear Its Appeal on Party Nomination Process — 5 Comments

  1. PUBLIC Electors — all [AS IN TOP 2 PRIMARY REGIMES) or parts (AS IN MOST REGIMES)) — doing PUBLIC nominations for PUBLIC offices according to PUBLIC laws.

    THE 2000 SCOTUS CA OP – BLATANTLY UN-CONSTITUTIONAL.

    THE PARTY HACK GANGS ARE N-O-T INDEPENDENT EMPIRES —

    WITH ANY POWER TO DICTATE HOW GOVERNMENTS MUST OPERATE.

    THE SCOTUS SUPER=PARTY HACKS HAVE BEEN BRAIN DEAD IGNORANT ABOUT ELECTION STUFF SINCE 1960S.

  2. The ONLY way to eliminate government interference in private political groups is to eliminate recognition of “nominating rights” for the groups. All candidates should qualify by petition. Candidates could be permitted to submit statements available on the Internet. A voter could request a paper version, or get an electronic version.

  3. WILL THE SCOTUS HACK SUPER-MORONS MAGICALLY RULE THAT THE 1888-1890 *FORCED* OFFICIAL PRIMARIES WERE UNCONSTITUTIONAL ???

    — SO THAT THE OLDE EVIL ROTTED PARTY GANG BOSSES (1 OR A FEW) (AKA PARTY TYRANTS) CAN DICTATE WHICH PARTY HACKS GET BALLOT ACCESS ???

    SCOTUS MADNESS SINCE 1968 WILLIAMS V RHODES.

  4. @DR,

    Before the Australian ballot was adopted parties would distribute party ballots. A party would also try to disrupt distribution of opponent ballots. In some cases fake ballots would be printed. Newspapers might print lists of known candidates, but might decide certain candidates weren’t serious.

    With the Australian ballot, political parties sought to preserve the old party ballots by the party column ballot. In Texas votes were indicated by lining through the candidate’s name. A voter could do a straight ticket vote by a vertical line down the column. When boxes were added a straight ticket box was also added. Parties would try to keep other parties and independents off the ballot.

    Primaries were an attempt to open up the process to all candidates. Soon after California added its primary (you are off 2 to 3 decades) local offices were made nonpartisan. An attempt was made to extend this to the legislature but the referendum failed. The best that could be done was to permit cross-filing. Eventually the political parties got rid of cross-filing except by write-in.

    It is to plain for argument that partisan nominations and partisan primaries are a corrupting influence on elections.

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