On May 10, the Delaware Senate passed HB 11, which tells parties that they cannot nominate non-members. The vote was 16-2. Delaware legislators seem to have little awareness that the U.S. Supreme Court said in 1986 in Tashjian v Republican Party of Connecticut that it would violate the First Amendment freedom of association clause for a state to tell a party that it can’t nominate a non-member. Also, on March 31, 2011, a U.S. District Court in New Mexico struck down New Mexico’s law that tells parties they can’t nominate non-members.
The two Senators who voted “No” are both Democrats. They are George Bunting and Robert Venables.