On November 16, the U.S. District Court in Richmond, Virginia, again heard Miller v Brown, 3:05cv-266. The issue is whether the First Amendment protects the Republican Party’s right to insist on a closed primary for itself. The case was originally rejected by U.S. District Court Judge Henry Hudson (a Bush Jr. appointee) on procedural issues, but the 4th circuit had said the case is procedurally sound, and should be heard on its merits. The state defended Virginia’s existing system by saying that if the Republican Party doesn’t like having an open primary, it is always free to hold a nominating convention instead. The state also complained that if the party wins the case, the state will be forced to institute registration by party. It was difficult to predict which way Judge Hudson will rule.
Parties should decide you gets to choose thier candidates. In every state each party should have the option of an open or closed primary. I know that I would not like having members of other parties choose my parties nominees.
Then that party should PAY for their closed primary, instead of it being on the state government’s dime.
The federal courts have held that, when the state requires parties to nominate by primary, the state must pay the costs of those primaries.
But as the state argument said, they are not required to do it by primary. They can opt for a convention.
“The state also complained that if the party wins the case, the state will be forced to institute registration by party.”
I think that every state should have registration by party as long as there is an “independent” or “decline to state” option.
In Virginia, an incumbent state legislator or member of Congress seeking renomination decides whether a convention or a primary is held.
So whether the party chooses a primary, or the primary is forced on the party by an incumbent, state law mandates that the primary be open to all registered voters.
If the open-primary law is struck down: Virginia Republicans could use the “oath of disaffiliation” that the state party says local units may use. But registration by party is certainly the most practical way to identify voters.
For several years, there have been efforts to have the Virginia legislature enact party registration.