On March 7, Independent Voting filed this five-page brief in Greenville County Republican Party v State of South Carolina, the case over whether the Republican Party may exclude non-members from voting in its primary. The case has a hearing on Thursday, March 10. The Independent Voting brief points out that it would be inappropriate for the judge to decide the case when there is as yet no hard evidence that non-Republicans participate in Republican primaries.
Independent Voting’s brief does not discuss the part of the lawsuit in which the Republican Party challenges the state law that says if the party wants to nominate by convention, it cannot do so unless 3/4ths of the delegates to the convention vote in favor of nominating by convention.
Primaries are PUBLIC nominations by PUBLIC Electors for PUBLIC offices — subject to PUBLIC laws.
1. ALL Electors — top 2 areas
2. SOME Electors — partisan and/or independents
Way too difficult for the MORON courts to understand.
See the MORON 2000 CA Jones case — screwing up point 2.
In Virginia, neither the US district court nor the 4th circuit was presented evidence that non-Republicans had been voting in Republican primaries. And yet both courts ruled in the case… the 4th circuit said that, when a party is forced to nominate by primary, the party– not the state– decides who’s eligible to vote in that primary (Miller v. Cunningham).
South Carolina, like Virginia, is part of the 4th circuit.