Here is the Montana Republican Party’s brief in Ravalli County Republican Central Committee v McCulloch, now pending in the Ninth Circuit. The issue is whether the state can force the Republican Party to choose its precinct committee officers in a primary in which any voter may participate. The U.S. District Court had refused to enjoin the law, so the Republican Party is asking the Ninth Circuit for relief.
The state has been given permission to delay its response until April 29.
There are 3 major parties in Montana. The brief seems to indicate that if the Libertarian party nominated by primary, then the party would have to follow state rules. In 2008 Republicans found out how much a presidential caucus would cost and promptly went back to tax payer subsidies.
1. Internal clubby hack stuff is PRIVATE.
2. Public nomination stuff is PUBLIC.
Too many nonstop MORONS involved in all sorts of election law stuff.
In West Virginia, ballot-qualified parties which participate in the primary (optional for 1% to 10% of gubernatorial vote, mandatory for 10% and up) have the option of EITHER an open or closed primary ballot. Up until about six years ago, Democrats here had a closed primary whereas Republicans have had an open primary for as long as can be remembered. Now, both major parties have open primaries. Libertarians nominate by convention and the Mountain Party (Green affiliate) somehow does both. I believe the Mountain Party’s primary may actually be open too, but not certain.
However, state election code DOES mandate the structure and make-up (even so far as make and female members) of ALL party officers for major (10%+ governor vote) parties here. FYI.
It is interesting that they mention the Washington case.
When Washington had the blanket primary, PCO were elected at the general election, and voters were presumed to align with a party if they voted for a PCO of that party.
Under the Pick-A-Party system PCO elections were move to the primary, and voters had to choose a party. Washington even referred to this system as a Montana ballot, even though voters were not given multiple ballots.
Under Top 2, the PCO elections were left on the primary ballot. This was the only part of Top 2 that the courts found unconstitutional. The legislature’s remedy was to place the PCO elections in a separate section of the primary ballot. Originally, they were going to require a pledge to be marked, but now, the act of voting for a Republican PCO candidate is considered the same as marking a pledge.
A better system would be to eliminate the role of PCO in filling vacancies, and totally deregulate internal party affairs. Top 2 helps in this regard since it eliminates the main public function of these private organizations.