On April 8, the Third Circuit issued this 13-page opinion in Balsam v Guadagno, 14-3882. Plaintiffs are New Jersey voters who argued that the state’s closed primary system is unconstitutional and should be abolished. Some of the voters are registered independents, and some are Democrats or Republicans who say they only register into those parties so they can vote in the primaries of those parties, but they would rather be registered independents.
The Third Circuit relies on past precedents to find that the U.S. Constitution does not prevent states from holding closed primaries. The decision says that even if the New Jersey Constitution does have provisions that might protect independent voters, federal courts cannot strike down laws on grounds that the law violates the State Constitution unless the state waives its sovereign immunity, and that New Jersey has not waived its immunity.
ALL or SOME voters nominate — according to PUBLIC laws.
Sorry – NO private empires doing public nominations.
—
NO primaries.
Equal nominating petitions for ALL candidates.
P.R. and nonpartisan App.V.
New Jersey is not really a closed primary system, its closer to a semi-open system. There is no such thing as an independent voter in new jersey, instead one can be unaffiliated from any party. Unaffiliated voters may vote in a partisan primary election, but by doing so they become registered members of the party whose primary they have voted in. They may change their registration back to unaffiliated after the primary if they so wish. It appears though that unaffiliated voters may not vote in a minor party nominating convention without first registering with that party.
The attorney genius MORONS in the case have perhaps set up the FINAL DOOM for 3rd parties and independents — Voters and Candidates.
The JUNK in the opinion about State immunity is FATAL for ballot access — due to the ongoing mystification and perversion of the 11th Amdt
— regardless of the later Amendments that mention the States in them — esp. 14th, 15th, etc. — election related.
Heaven Help the USA and Save it from MORON lawyers and judges.
ALL of these nonstop JUNK cases due to MORONS are directly heading towards Civil WAR II.
Now is the time for the almost 1 million Independents in New Jersey to organize a New Jersey Independent Party. I don’t know how many members it takes for a new party to have to be entitled to a Primary Election of its own. Richard probably can tell us. Also, does New Jersey have a law which prohibits using the word “Independent” as part or as its name? If not, this is golden opportunity to get the Independents to move. Once the New Jersey Independent Party obtains ballot position, and has its own primary, then I think the major party politicians will start paying attention to the Independents.
Richard, before I get the voters of New Jersey too excited, do you know of any prohibitions that would prevent this from happening?