On August 15, the Ninth Circuit ruled against the Hawaii Democratic Party, in the party’s lawsuit that tries to obtain a closed primary for itself. Democratic Party of Hawii v Nago, 13-17545. Here is the 13-page opinion, written by Judge A. Wallace Tashima.
Hawaii primaries are open. Voters at the polling place choose which party’s primary ballot to use. Registration forms do not ask applicants to choose a party, or to choose independent status. The opinion says that the very act of a voter choosing a Democratic ballot may constitute a valid form of party affiliation.
Also, the opinion says the Hawaii Democratic Party did not provide any evidence that the open primary harms it. The party had argued that such evidence is almost impossible to find.
This opinion probably means that the Montana Republican Party will give up trying to win a closed primary for itself. Montana and Hawaii are both in the Ninth Circuit. The Montana Republican Party lawsuit had been on hold until this decision came out.
Nonstop morons in these cases —
ALL PUBLIC Electors nominate (as in top 2 regimes) or SOME PUBLIC Electors nominate (FACTION gangsters) — with or without other gangsters or independent Electors — as provided by PUBLIC L-A-W-S.
Sorry each robot party hack GANG is NOT an independent empire – See the 1989 Eu case.
The SCOTUS morons in the CA Donkey 2000 case screwed up the mess per usual.
—
NO primaries.
P.R. and nonpartisan App.V.
Why are free association rights upheld for the Democratic Party in the landmark case Democratic Party CA vs. Jones 2000 but not in this case for the Democratic Party of Hawaii? It seems to me the 9th court is drawing a very, very fine line here. Also, it seems to me that burdening the D Party of Hawaii with proving they are not harmed by the requirement to open primaries is backwards. The question should be posed of the government of HI, “How is the Democratic Party of HI actually harming anyone if they permit only registered Democrats to participate in their primary?” It seems to me that if the party wants to define members as those officially registered as such, they should have that right.