New Mexico has closed primaries. On October 24, the New Mexico Supreme Court heard arguments in Crum v Duran, SISC 36030. The plaintiffs are independent voters who say the state constitution protects their right to vote in any partisan primary. The State Constitution says, “Article VIII, sec. 1. Every person who is a qualified elector pursuant to the constitution and laws of the United States and a citizen thereof shall be qualified to vote in all elections in New Mexico, subject to residency and registration requirements.”
The problem with using this part of the State Constitution is that primary elections technically aren’t elections. They are devices by which parties choose their nominees. No one who wins a partisan primary is thereby “elected”. According to this news story, the State Supreme Court didn’t seem very supportive of the lawsuit. But, there is no decision yet.
As with the recent Ohio stuff —
when was Art. VIII, Sec. 1 added to the NM State Const ???
Primary elections are PUBLIC elections by PUBLIC Electors doing PUBLIC nominations of PUBLIC candidates for PUBLIC offices.
See the Texas White Primary election cases and other primary election cases in SCOTUS — STEPS in the process of the *final* election.
Abolish all now SUPER-DANGEROUS robot party hack primaries, caucuses and conventions.
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ONE election – ballot access only via EQUAL nominating petitions.
P.R. and nonpartisan App.V.