On April 4, 2018, the Alaska Supreme Court issued an order in State v Alaska Democratic Party, S-16875, letting the Democratic Party nominate persons who are registered independents. On August 24, the court issued a 24-page opinion, giving its rationale.
The key is that the Alaska Democratic Party had amended its bylaws last year to let registered independents run in its primary. The decision says that a party’s bylaws override state election law on this point. The decision is unanimous. Back on April 4, 2018, one justice had written that he hadn’t yet made up his mind, but now it appears he agrees with the majority. Thanks to Rick Hasen for the link.
Other courts that have ruled that parties may nominate a non-member if they wish include a U.S. District Court in New Mexico, and a state court in Colorado. The Alaska Supreme Court decision does not mention either of those precedents.
The United Coalition has had unbiased bylaws which allow and protect independents and partisan candidates alike, to 1) have the liberty to proclaim independent or partisan and to be treated with equality and respect and 2) have the liberty to register with State (the two not connected) as each voters wishes, without penalty with regard to party (or independent).
Now the One Party is helping the Green and Libertarian Parties to also retain those liberties in California under pure proportional representation (PPR).
Join the One Party and practice these liberties with the California Green, Democratic and Libertarian Parties in Venice Beach California 2018.
The United Coalition USA has been using PPR for more than twenty-three consecutive years and PPR works fine but the party bosses don’t want anyone to know.
The party bosses use censorship and bullying to block and snuff our democratic creativity but not the One Party.
We are the United Coalition.
The One Party welcomes all as Dues Payers or free members, a 50/50 balance between monetary and free, and the Executives are the tie breakers between free and monetary (dues payers), votes cast and kept as proof under parliamentary procedures and PPR.
http://www.allpartysystem.com/one.php
Brain dead court on the point about party hack bylaws over-riding a PUBLIC election LAW.
See the Texas White Primary cases.
@Demo Rep,
The Texas Democratic Party rules did not override state election law. The Democrat-controlled legislature had deliberately permitted a party to violate the 14th and 15th Amendments.
The trial court and the Alaska Supreme Court rejected the Democrat bylaws that said if a nonpartisan or undeclared voter won the primary that they would appear on the general election ballot as “Independent”.
Alaska should adopt Top 2 like the other blanket primary states have and get rid of the nonsense of party nominations.
direct = indirect
Con law 101 part
NO primaries
PR and AppV