The Oregonian Carries Op-Ed Defending Independent Party’s Decision to Allow Independent Voters to Vote in That Party’s Primaries

The Oregonian has this op-ed by two leaders of the Independent Party. The op-ed defends the party’s decision to let independent voters vote in the Independent Party’s primary. An earlier op-ed had criticized the Independent Party, on the grounds that the party’s decision will cost money.

The op-ed by the Independent Party leaders also highlights a peculiarity in Oregon election law. Although Oregon permits fusion, and although it is easy for a major party to jointly nominate a candidate with a minor party (i.e., a party that nominates by convention, such as the Libertarian Party or the Pacific Green Party), it is very difficult for two parties that both have primaries to jointly nominate the same candidate. Such a candidate can’t have his or her name printed on the primary ballot of two different parties. The only way two parties that nominate by primary can jointly nominate a candidate is to have that candidate win one major party primary via write-in votes.

That Oregon policy is almost certainly unconstitutional. A bill to fix the problem, HB 3287, has not made any progress in the legislature this year. In 1999, the Third Circuit ruled that if a state permits fusion for certain kinds of parties, then it must permit fusion for all qualified parties. Also in 1986 the U.S. Supreme Court said in Tashjian v Republican Party of Connecticut that states must let parties nominate non-members if they wish.

Arizona Likely to See a 2016 Initiative to Convert All Partisan Elections to Non-Partisan Elections

According to this interview with reporter Jeremy Duda, there will be an initiative in 2016 in Arizona to convert all elections (except president) to non-partisan elections, although the wording is still not public. Duda says specifically that there will be no party labels on the primary ballot, and he implies there won’t be any party labels on the ballot in November either.

Only Seven More Dates Remain in this Term for U.S. Supreme Court Opinions

The U.S. Supreme Court will issue full decisions on just seven more calendar days, before going on summer recess. Those dates are May 18, May 26, and all five Mondays in June (1, 8, 15, 22, 29).

Only one election law decision is still pending: Arizona State Legislature v Arizona Independent Redistricting Commission, 13-1314. However, another decision from Arizona may have some impact on election law: Reed v Town of Gilbert, 13-502. That case involves a city ordinance that provides different rules for different types of outdoor signs.

April 2015 Ballot Access News Print Edition

Ballot Access News
April 1, 2015 – Volume 30, Number 11

This issue was printed on white paper.


Table of Contents

  1. WEST VIRGINIA REPEALS STRAIGHT-TICKET DEVICE
  2. WORKING FAMILIES PARTY WINS CONNECTICUT LEGISLATIVE RACE
  3. OKLAHOMA BALLOT ACCESS BILL PASSES HOUSE UNANIMOUSLY
  4. CALIFORNIA MINOR PARTIES ASK STATE SUPREME COURT TO HEAR TOP-TWO CASE
  5. ARIZONA MAY MAKE BALLOT ACCESS WORSE
  6. SOUTH DAKOTA MAKES BALLOT ACCESS WORSE
  7. NEVADA TOP-TWO BILL TO BE HEARD APRIL 1
  8. ALABAMA BALLOT ACCESS BILL MOVES
  9. NORTH DAKOTA LOSS
  10. PRESIDENTIAL DEBATES
  11. ALABAMA EXPANDS PETITION PERIOD FOR SPECIAL ELECTIONS
  12. ARKANSAS HIGH COURT INVALIDATES TWO INITIATIVE LAWS
  13. NEW TURNOUT DATA
  14. CHART: PRESIDENTIAL PRIMARY DATES FOR 2016
  15. 2016 PETITIONING FOR PRESIDENT
  16. CONNECTICUT ELECTION RESULTS
  17. NEW YORK LIKELY TO ELECT AN INDEPENDENT OR MINOR PARTY NOMINEE TO LEGISLATURE IN MAY
  18. MISSISSIPPI 2015 ELECTION
  19. BURLINGTON 2015 ELECTION
  20. COFOE BOARD MEETING
  21. PROHIBITION PARTY MAKES GENEROUS DONATION TO PENNSYLVANIA BALLOT ACCESS COALITION
  22. ELECTION RETURNS BOOK
  23. SUBSCRIBING TO BAN WITH PAYPAL