U.S. District Court Judge Accepts Constitution Party’s Idea that Utah Political Party Lawsuit Undergo Mediation

In 2014, the Utah Republican Party filed a federal lawsuit against the new Utah election law that forces qualified parties to let independents vote in their primaries, and forces the parties to allow candidates to run in their primaries even if they don’t have substantial support at party nominating conventions. Shortly afterwards the Constitution Party was allowed to intervene. The case is Utah Republican Party v Governor Herbert, 2:14cv-876, and is still unsettled.

On July 31, the attorney for the Constitution Party suggested to the judge that the case be settled by mediation. On August 6 a hearing was held on that idea. Judge David Nutter then asked all attorneys in the case to meet the week of August 24 to attempt to settle the case. Legislative leaders and the Governor may be involved in the talks.

Ninth Circuit Won’t Rehear Libertarian-Green Challenge to Voter Registration Form

On August 6, the Ninth Circuit refused to rehear Arizona Libertarian Party v Bennett, 13-16254. This is the case in which the Green and Libertarian Parties challenge the voter registration form, which names the Republican Party and the Democratic Party and gives each of them a checkbox. If a voter wants to register any other way, he or she must use a blank line and write-in the choice.

The Ninth Circuit did amend the earlier decision somewhat on August 6, to make it clear that a new lawsuit on this topic might win if the parties present evidence of harm.

Two Large Florida Newspapers Endorse Top-Two Initiative

An initiative is circulating in Florida for a top-two system. The initiative has already been endorsed by the Sun Sentinel and the Palm Beach Post. The reason for the endorsements is that the newspapers are concerned that independent voters cannot vote in most partisan primaries.

The newspaper editors don’t seem to realize that there are three better systems that would make it possible for independent voters to vote in primaries. Florida could have an open primary, which almost every other state in the south uses. In an open primary, any voter is free to choose any party’s primary ballot.

Or Florida could do as Louisiana has done, and abolish primaries. All candidates would run in November on a single ballot. Louisiana provides that if no one gets 50%, then a run-off is held in December (for state office, the timing is slightly different; the election is in October of odd years with any runoff in November).

Or Florida could provide for a blanket primary. In a blanket primary, all candidates run on the same primary ballot, and all voters use that primary ballot. Then, the top vote-getter from each party runs in November. Independent candidates can be handled in one of several ways. They could skip the primary and go on the general election ballot (California did that in regular elections in 1998 and 2000), or they could run in the primary and the general election (California did that for special elections 1967-2010), or they could run in the primary and be required to get at least 1% in order to run in the general election (Washington did that 1934-2000).

A blanket primary would be constitutional if the law provided that it was voluntary, and parties that didn’t want to use it could nominate by convention at their own expense.

Finally, any party in Florida is free to provide that independent voters can vote in their primaries, and there is some indication the Democratic Party is willing to do this. Parties are free to make this decision for themselves, no matter what the state law says. Parties won this freedom in a U.S. Supreme Court decision in 1986, Tashjian v Republican Party of Connecticut.