↓

Home→Uncategorized→U.S. District Court Says Utah Cannot Force Political Parties to Let Independent Voters Vote in their Primaries

U.S. District Court Says Utah Cannot Force Political Parties to Let Independent Voters Vote in their Primaries

Posted on November 4, 2015 by Richard Winger

On November 3, U.S. District Court Judge David Nuffer ruled that Utah cannot force political parties to let independent voters vote in their primaries. The case had been filed by the Republican Party and the Constitution Party, and is Utah Republican Party v Herbert, 2:14cv-876.

Utah law said parties could exclude independents from their primaries if they wished, but the nominees of such parties could not then have the party label on the November ballot. The decision barely discusses this provision, and simply takes it for granted that no party would be willing to pay that price.

The decision also says that Utah may provide that candidates who have no support at party caucuses must still be allowed to petition onto the general election ballot. However, the decision construes the law to mean that only party members may sign such petitions. Thanks to Rick Hasen for this news. The state says it may appeal.

Comments

U.S. District Court Says Utah Cannot Force Political Parties to Let Independent Voters Vote in their Primaries — 3 Comments

Jim Riley on November 5, 2015 at 4:27 am said:

I think you are misreading the decision.

A party can either nominate by primary or not nominate.

They can choose to be a Registered Political Party (RPP) or a Qualified Political Party (QPP).

A RPP can exclude independents but candidates can only qualify by petition.

A QPP can not exclude independents, but candidates qualify by a combination of convention or petition.

You might recall that the Utah legislature passed the weird combination in order to head off an initiative that would opened the primaries.

The likely outcome will be to simply eliminate the QPP path, which will also eliminate conventions as part of the formal nominating process. As the decision notes this would preserve the right of parties to organize and fund raise and endorse outside the public process.

Alternatively, it will lead to Top 2, which is not a bad thing.
David on November 7, 2015 at 4:43 am said:

So Independents will help foot the bill for these primaries but they can’t vote in them?
Richard Winger on November 7, 2015 at 12:46 pm said:

There are very few primaries in Utah. Probably 99% of partisan office nominations are made in party meetings. Utah doesn’t hold primaries unless two people get at least 35% of the vote at party meetings.