Hearing in New Mexico State Court on February 10 in Crum v Duran

A New Mexico state trial court will hear Crum v Duran on Tuesday morning, February 10. This is the case in which a New Mexico independent voter argues that the state constitution protects his right to choose either a Democratic primary ballot, or a Republican primary ballot. New Mexico has closed primaries and neither major party lets independents vote in its primaries, although each major party is free to do so.

The New Mexico Constitution says, “Every person who is a qualified elector pursuant to the constitution and laws of the U.S. and a citizen thereof shall be qualified to vote in all elections in New Mexico, subject to residency and registration requirements.” The state argues that a primary election is not an “election”. The New Mexico Republican Party intervened and argues that even if the New Mexico Constitution does require that parties let independents vote in its primaries, in that case the New Mexico Constitution would violate the U.S. Constitution. Here is an article about the lawsuit. The hearing is in Albuquerque; the case number is d202-cv-2014-03730. It had been filed on June 3, 2014.

Mississippi Congressman Alan Nunnelee Dies

On February 6, Mississippi Republican Congressman Alan Nunnelee died at the age of 56. Mississippi law requires the Governor to call a special election, and the Governor must choose the date within 60 days after the seat becomes vacant. In the November 2014 election, Congressman Nunnelee was re-elected in the First District, defeating his Democratic opponent by 102,622 to 43,713. A Libertarian in that 2014 race polled 3,830 votes, and a Reform Party nominee polled 946 votes.

Mississippi special elections are non-partisan, with no party labels on the ballot.

Tennessee Republican Party Committee Decides Not to Push for a Closed Primary for Itself

On February 7, the state executive committee of the Tennessee Republican Party rejected a proposal for the party to work for a closed primary for itself. Tennessee has always had open primaries; the voter registration form has never asked applicants to choose a party or to choose independent status. The vote was 37-29. See this story.