New Mexico Supreme Court Won’t Strike Down Closed Primaries

On February 5, the New Mexico Supreme Court again refused to rule that closed primaries violate the State Constitution. The court had made a similar ruling in 2017. The new lawsuit charged that closed primaries violate the part of the State Constitution that says public funds can’t be used to help private organizations. But the new decision says that when the government pays to administer primaries, that is not a gift to the parties that are having primaries. See this story. The new decision is Chavez v Toulouse Oliver, S-1-SC-37371.

New North Carolina Registration Data

North Carolina Board of Elections releases a new registration tally every week. Here is a link to the February 2, 2019 tally. The new percentages are: Democratic 37.45%, Republican 30.17%, Libertarian .55%, Green .02%, Constitution .02%, independent 31.80%.

The percentages for the October 20, 2018 tally, just before the November 2018 election, were: Democratic 37.88%, Republican 29.81%, Libertarian .53%, Green .01%, Constitution .01%, independent 31.76%.

The Green and Constitution totals are low, but that is because they started from zero in the middle of 2018. At the February 2, 2019 tally, there are 1,120 Greens and 1,052 Constitution Party members.

New York Bill Depriving Independence Party of its Name Passes Assembly Committee

On January 28, New York Assembly Bill 2600 passed the Assembly Election Law Committee by a vote of 10-5. All Democrats except one voted for the bill. All Republicans voted against it. It would provide that no party could have the words “Independence” or “Independent” in its name.

Democrats who voted for the bill are Charles Lavine, Sandy Galef, Jeffrey Dinowitz, Joseph Lentol, Barbara Lifton, Latrice Walker, Robert Carroll, Al Taylor, Jonathan Jacobson, and Anthony D’Urso. The Democrat who voted “no” is David Buchwald.

Republicans who voted against the bill are Michael Norris, Karl Brabenec, John Mikulin, and Chris Tague.

An identical bill in the Senate, S1628, has not yet moved.

It is somewhat likely that if this bill were signed into law, it would be held unconstitutional, under both First Amendment and Due Process grounds. The Independence Party has been a ballot-qualified party since November 1994.

Wyoming Bill to Prevent Voters from Changing Parties Two Months Before Primary

Another Wyoming bill to prevent voters from switching parties during the two months before a primary is moving. SF 160 passed the Agriculture Committee on January 30. A very similar bill, SF 32, had been defeated last month in the Corporations, Elections, and Political Subdivisions by one vote. So, proponents of the idea then introduced a new bill, SF 160, and sent it to a different committee.

A somewhat similar bill in the House is HF 106.

In other Wyoming legislative news, on January 29, SF 97 was defeated in the Senate Corporations, Elections and Political Subdivisions Committee. It would have provided that all qualified parties nominate by primary. Current law says small qualified parties nominate by convention, and larger ones by primary.