California State Senator Alan Lowenthal has introduced SB 1322, which deletes some state laws that discriminate against members of the Communist Party. California’s Constitution, Article 20, says that no one may run for either partisan office or non-partisan office, if that person is a member of the Communist Party, or has been within the last 5 years. The Lowenthal bill does not try to repeal that. It does repeal statutes that bar party members from being public school teachers, and statutes that require organizations that want to meet in a public school to sign an affidavit that they are Communist “fronts”.
The bill has a hearing on April 2 in the Senate Education Committee. If SB 1322 passes, it will probably then be possible to repeal various California election laws that also single out Communist Party members. California is one of only six states that has such election laws. The others are Illinois, Arkansas, Kansas, Arizona, and Pennsylvania. None of these laws are enforceable. In 1974 the U.S. Supreme Court ruled that they violate the First Amendment, in a case called Communist Party of Indiana v Whitcomb. The decision was unanimous.
I personally know people who ran for office (on the Peace & Freedom Party ticket) at a time when they were active members of the Communist Party USA. Apparently another law that is frequently ignored.
Yes, the California Supreme Court ruled it unconstitutional in 1967, but it still sits in the State Constitution.
So if it’s unenforceable, it’s _de facto_ no longer the law. If I were a Communist, I would shrug my shoulders and go about my business. If I were Sen. Lowenthal, I would apply my energy towards something that could actually accomplish some good, like introducing a bill to legalize ferrets that Arnold will actually sign.
We criticize Iran for applying political tests before candidates can get on the ballot. Having these unenforceable laws just gives Iran a means to criticize the U.S. for doing the same thing. No one can tell from looking at the California Constitution that certain parts of it aren’t enforced. It’s good to get rid of such text.
good point Richard.
It’s also a priciple. We should do what is right.
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excellent work…