9th Circuit Won’t Rehear Alaskan Independence Party Case

On December 17, the 9th circuit denied a rehearing en banc in Alaskan Independence Party v State of Alaska, 07-35186. The issue was whether a political party’s freedom of association extends to controlling who can run in its primary. The original decision on October 6 sided with the state, but didn’t really grapple with the constitutional issues involved, and seemed to think the case was about whether the government can require parties to nominate by primary. It is possible the Alaskan Independence Party will ask for U.S. Supreme Court review.


Comments

9th Circuit Won’t Rehear Alaskan Independence Party Case — 6 Comments

  1. Mark is no doubt looking to find ways to try to control who runs in the AIP primary in California as a means of maintaining control of the party (which is still disputed). The progressive tradition in California, however, put the people in ultimate control of every political party through the primary system. To let any party leadership dictate who is allowed to run in the party primary would be the worst kind of dictatorial elitism.

    Of course, in the South, primaries were once considered exclusive, private party functions and the Democrat Party did not allow Blacks to participate by voting, effectively barring them from meaningful electoral participation in the one-party system that existed in that region. I don’t think we want to head back in that direction.

    No, it is much better to allow any party member, who qualifies under the Election Code, the opportunity to run in the primary and put him or herself before the voters of that party and let THEM decide who the party’s nominee for the particular office should be. A political party, especially the way it is designed in California, belongs to the registered voters of that party and to no one else. Party officers are only fiduciaries. The final power and authority is with the people who make up the registered membership of the party.

  2. TO: Gary Odom:

    May I quote you in the name of your office in the
    Constitution Party the following: “To let any party
    leadership dictate who is allowed to run in the party primary would be the worst kind of dictatorial elitism.” That is a great quote.
    The America’s Independent Party of Alaska may want
    to use that quote?

    Has the national office of the CP cleared it with the leadership of the Alaska Independence Party?
    Since, the leadership of the Alaska Independence
    Party takes a 180 degree view to that statement.

    Will the CP back DeNardo’s right to run against that of the current leadership of the Alaska Independence Party?

    Dr. Don Grundmann on Ballot Access News claims that
    the American Independent Party is a branch of the
    Constitution Party. We both know that Bill Shearer
    had a different view on that subject then Dr. Grundmann. Grundmann wanted the IAP of Nevada out
    of the CP by his voting against Bill Shearer, i.e.,
    the CP can dictate policy to the “branch” state
    parties.

    The American Independent Party [California] has been associated on a national level with the
    America’s Independent Party of Fenton, Michigan
    since June 27, 2008. That was by a vote of the
    American Independent Party State Central Committee.
    That meeting was called by then State Chairman of the American Independent Party, viz., Ed Noonan.
    At the time of the July 5, 2008 Convention of the
    American Independent Party in the Auditorium of the
    California Secretary of State Building, both James
    King and Dr. Don Grundmann were listed as delegates. However, Dr. Don Grundmann was the only
    one present of the two at the convention. Dr. Don
    Grundmann even addressed the convention with his views on silver coinage etc. I had the honor of being the elected chairman of the 2008 convention
    of the American Independent Party. At that Convention Ambassador Dr. Alan Keyes and Pastor Dr. Wiley S. Drake, Sr. [currently an officer of
    both the American Independent Party and an officer
    of the Orange County Central Committee of AIP] were
    picket for the ticket of President and Vice President for the AIP.

    Sincerely, Mark Seidenberg, Vice Chairman, American
    Independent Party of California

    P.S., I wish you and your mother a happy holiday season. I am currently in Kern County working to
    build up AIP party leadership.

    P.P.S., As you know I am a recovering Republican.
    However, I first voted the AIP in 1972. I still
    remember the table set up at UCLA of the Bruin
    AIP during that year, when I was there at the Graudate School of Management. Next year a goal
    is forming AIP chapters around the United States
    on Colleges and Universities.

  3. To: Richard Winger
    ame
    This whole case brings back the issue of the left-wing of the Republican Party of New York and its
    pro-Communist faction.

    I recall the New York legislature passed a law that required that the Party approve it candidates that ran in the primaries. What ever came of that
    law? Are we dealing with the same issues here?

    This law was created because of Republican Congressman Vito Marcantonio who was also a Communist.

    Sincerely, Mark Seidenberg, Vice Chairman, American
    Independent Party.

  4. To: Gary Odom;

    This whole issue of Vito Marcantonio brings back a
    memory of the CPUSA and its activites within the
    Republican Party of Los Angeles County. Early on during Ronald Reagan’s campaign for Governor of California, in early 1966, viz, March 25, 1966, I
    was informed by J. William Orozco that Dorthy Healy
    and other members of the CPUSA had registered as
    members of the Republican Party. J. William Orozco
    was my boss, where I worked for his travel agency in downtown Los Angeles.

    He told me about that on a drive back from a “Teach-out” to the travel agency we worked at.
    At the time VIVA (Victory In Vietnam Association)
    was having a “Teach-Out” at UCLA and Dorthy Healy
    and the CPUSA was conducting a “Teach-In”.

    This was at a time that William Shearer was an active member of the Republican Party. I also
    remember that Bill Shearer told me that he told
    Congressman Utt that the CPUSA have been registering Republican. My guess it was J. William Orozco told it to Bill Shearer.

    Sincerely, Mark Seidenberg, American Independent
    Party.

    P.S., J. William Orozco would bring back records
    for Bill Shearer on several of his trips to Mexico.
    Since both enjoyed Mexican Music. Also, one of the
    things I want to do next year is to start organizing AIP records that Ann E. Thomas should
    have. Since the motion for new trial on the part
    of Jim King is now over. Can you use your good office with her and have the records released to
    the AIP party chairman, Markhum Robinson.

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