On November 1, a Superior Court in San Luis Obispo County, California, declared three California election laws unconstitutional. Section 7210 requires new members of a Democratic Party county central committee to swear that they are not a member of any party or organization that advocates the overthrow of the government by force or violence or other unlawful means. Section 7408 was identical, except that it applied to Republicans; Section 7655 was identical, except that it applied to members of the American Independent Party.
The lawsuit had been filed in 2011 by John Barta, a member of the Democratic County Central Committee. Originally the state had defended the constitutionality of the laws, but in October 2013 it switched its position and agreed that the laws are unconstitutional. The court ruling declares the laws unconstitutional, but the court declined to order the state to notify election officials in each county not to enforce the laws. Presumably California county election officials know about this decision and will not try to enforce the laws.
In 2012, the legislature had passed AB 1200, which said that the loyalty oaths should be administered by party officials, not county election officials. The action of the legislature in 2012 implies that the legislature still felt these loyalty oaths should be preserved, because otherwise one would think that the legislature, having noticed the oaths, would have repealed them. Here is the eight-page decision, which is mostly about whether or not the Secretary of State should be ordered to notify county election officials about the result.
The California election code never required oaths for members of the other qualified parties. Thanks to Rick Hasen for the link.
Isn’t most of Division 7 unconstitutional?
Good point, although if a party wants to have its rules partially in the election code, that is not intrinsically unconstitutional. It’s only unconstitutional if the party objects to the statutory rules.
Recognition of specific political parties by the State of California is intrinsically unconstitutional because it implies endorsement or an elevated sense of legitimacy.
And it may have lead your Secretary of State to misinterpret SB 6.
See the 1989 Eu case.
The party hacks have a PRIVATE clubby aspect for their stuff — party platforms, choosing clubby officers, etc.
The question is why a member of the Democratic Central
Committee, is trying to have rules of the American
Independent Party ended.
The second question is how this ruling is binding on
the AIP, since we at AIP were not noticed. I am the
Chairman of the Orange County Central Committee, and
the State Legislature gave the County Chairman of the
Central Committee authority to give the Loyalty Oath.
The American Independent Party of Orange County will
ignore this bogas ruling by a judge in San Luis Obisbo County. The loyalty oath will be given,
refusal will mean that elector will not be seated.
Sincerely, Mark Seidenberg, Vice Chairman
American Independent Party of California