On February 3, Jane Miller sued some Connecticut local election officials, and some local Republican Party officers, because they expelled her from the Republican Party on April 20, 2015. Without her consent, they changed her voter registration from “Republican” to “independent”, on the grounds that in 2013, she had accepted a Democratic Party nomination to run for a local office. Miller v Dunkerton, 3:16cv-174.

She has not been a registered Democrat at any time since 2003, and it is possible she has never been a registered Democrat at all, although her complaint is vague about that. She registered Republican in 2003 and remained a Republican until July 24, 2013, when she switched to independent to make herself eligible to be a Democratic nominee. She switched back to being a registered Republican in December 2013, but her party membership was revoked on April 20, 2015. If she doesn’t win her lawsuit, she won’t be able to vote in the Republican presidential primary being held April 26, 2016.

Sections 9-60 through 9-63 in the Connecticut election law set forth procedures for parties to expel party members. A hearing is held, and the local registrar of voters, together with local party officers, then determine if the individual has a bona fide intent to be a party member and if the individual really supports the principles of that party.

Miller charges that the disaffiliation law is unconstitutional on its face and also as applied to her situation. However, she did not sue any state officials, which makes it difficult for the court to reach a determination of the law’s constitutionality. One of Miller’s attorneys is Susan Bysiewicz, a former Secretary of State of Connecticut.

If Miller wins her case, and the decision says that voters have a constitutional right to a free choice of which party to join, that could be useful against states such as New Hampshire, Maine, Maryland, Kansas, and Nebraska, which refuse to let voters remain as members of parties once those parties go off the ballot.