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.
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.