The California Republican Party holds a statewide meeting in Riverside County, September 25-27. The meeting will consider a change in the party rules, a change that has been rejected by the party repeatedly during the last decade. The proposed change would say that independent voters could no longer vote in the party’s non-presidential primaries for public office.
If the party votes for this exclusionary change, it might be required to seek the approval of the U.S. Justice Department. California is partially covered under section 5 of the Voting Rights Act, because Monterey, Kings, Merced and Yuba Counties are covered. The U.S. Supreme Court ruled in Lopez v Monterey County, 525 US 266 1999) that a state that is partially covered by section five is, in effect, wholly covered. And the U.S. Supreme Court ruled in Morse v Republican Party of Virginia, 517 US 186 (1994) that section 5 of the Voting Rights Act covers political party rules changes, when that rules change affects who can vote in a party nomination procedure. Recently, the 5th circuit depended on the Morse decision to say that the Texas Democratic Party must get approval from the Justice Department before changing its rules on presidential caucuses.