A New Mexico state trial court will hear Crum v Duran on Tuesday morning, February 10. This is the case in which a New Mexico independent voter argues that the state constitution protects his right to choose either a Democratic primary ballot, or a Republican primary ballot. New Mexico has closed primaries and neither major party lets independents vote in its primaries, although each major party is free to do so.
The New Mexico Constitution says, “Every person who is a qualified elector pursuant to the constitution and laws of the U.S. and a citizen thereof shall be qualified to vote in all elections in New Mexico, subject to residency and registration requirements.” The state argues that a primary election is not an “election”. The New Mexico Republican Party intervened and argues that even if the New Mexico Constitution does require that parties let independents vote in its primaries, in that case the New Mexico Constitution would violate the U.S. Constitution. Here is an article about the lawsuit. The hearing is in Albuquerque; the case number is d202-cv-2014-03730. It had been filed on June 3, 2014.
New Mexico is not required to conduct segregated partisan primary elections.
If it can not be done in a way that complies with both State Constitution (right to vote) and Federal Constitution (right of private organizations to deny participation in publicly-funded activities) then the only solution is to not conduct publicly-funded segregated partisan primary elections.
Yes! If a party wants a primary solely for its own members – then let the party pay for it! The difficulty then is, of course, states in which voter registration is not by political party.
SCOTUS has ruled that primaries are part of the election process since the 1920s-1940s.
—
NO primaries.
P.R. and nonpartisan App.V.
If a person wants to be a candidate for office, have them pay a filing fee or have petition. If some supporters wish they may print signs with emblems, and colors, and slogans such as”
“Two Legs Bad!”