Catoosa County, Georgia, Republican Party Files Amended Complaint in Case Over Excluding Candidates from Primary Ballot

On January 20, the Catoosa County (Georgia) Republican Party filed an amended Complaint in its lawsuit that tries to give the party the right to exclude candidates from its primary ballot. The new Complaint argues that certain Georgia election laws are unconstitutional. The case depends on a 1992 Eleventh Circuit opinion that said the Georgia Republican Party had a right to exclude David Duke, a Ku Klux Klan leader, from its presidential primary.

The amended Complaint includes the Secretary of State as a defendant. The U.S. District Court had ordered that the Secretary of State be brought into the case.

The Complaint refers to the Republican candidates for county office in the 2024 election as “independent candidates” and says they should have tried to appear on the ballot as independents. The party argues that they are not in sympathy with the ideas of the Republican Party, even though some of them are incumbent county commissioners. Georgia law lets independent candidates who are incumbents get on the ballot with no petition.

Virginia Bill to Let Parties Decide for Themselves Who Can Vote in Their Primaries

Virginia Delegate Eric Phillips (R-Martinsville) has introduced HB 1056, to amend the voter registration form to let applicants choose a party, and also to allow each party to decide for itself who can vote in its primaries. Parties could choose to let independents vote in their primaries, or choose to close their primary to party members, or choose to let all registered voters vote in their primaries.

The bill is ambiguous as to whether the voter registration form would list any parties with a checkbox, or just depend on a write-in line.

New Hampshire Bill for Open Primaries

New Hampshire Representative Matt Coker (R-Meredith) has introduced HB 1330. It says that any voter is free to choose any party’s primary ballot. New Hampshire has registration by party. Current law lets independents choose any party’s primary ballot but if they do choose a primary ballot, they are then considered to have joined that party.