On April 11, the Idaho Republican Party filed a lawsuit in federal court, to obtain a closed primary for itself. See this news story. The case is Idaho Republican Party v Ysursa, no. 08-cv-165.

In 2007, a group of Idaho Republican Party leaders had filed a similar lawsuit, but that lawsuit lost because it hadn’t been filed by the party itself.

The Idaho Republican Party is the third state unit of a major party to file such a lawsuit. The Virginia Republican Party already won its lawsuit, and we are awaiting a decision from the 5th circuit in the Mississippi Democratic Party case. Thanks to Steve Rankin for this news.

Filing for the June North Dakota primary closed on April 11. The Libertarian Party and the Constitution Party both are entitled to their own primaries, but no one filed in either party’s primary for any public office. This has no effect on the presidential part of the ballot, of course, and those parties will be on for president.

North Dakota has few minor party candidates. They are discouraged by a law that says they must poll 300 votes in the open primary. Similar laws were found unconstitutional in both Washington and Minnesota in 2004. North Dakota is the only state that still requires a party candidate whose name is on the primary ballot to not only outpoll any other candidates seeking the same nomination, but also to worry about polling a specified minimum number of votes.

On April 8, the Illinois House passed HB 5263. Currently, Illinois ballot-qualified parties nominate by primary. However, the law generously lets them nominate someone by party meeting after the primary, if no one had run in that party’s primary for that particular office.

The bill would continue to let ballot-qualified parties nominate by party meeting after the primary was over (if no one had won the primary). But it would require such nominees by party meeting to submit a petition signed by 5% of the last vote cast for that office (or 25,000 signatures, whichever is less).

The bill passed the House by 97-13. The “No” votes included 9 Democrats and 4 Republicans. The Democrats are Mike Boland, John Bradley, John Fritchey, Paul Froehlich, Greg Harris, Lou Lang, David Miller, Cynthia Soto, and Wyvetter Younge. The Republicans are Elizabeth Coulson, Shane Cultra, Jim Durkin, and Keith Sommer.

It is possible that the Green Party, which is the only ballot-qualified party besides the Democratic and Republican Parties, could defeat this idea in court, if it is signed into law and if the Green Party chooses to challenge it. This year, the Green Party nominated more candidates by party meeting after the primary, then it did in the primary. Ballot access in the primary is somewhat difficult, requiring petitions of 3,000 signatures for statewide office, and typically 500 for U.S. House.

The U.S. Supreme Court said in New York State Board of Elections v Lopez Torres, issued January 16, 2008, “A political party has a First Amendment right to limit its membership as it wishes, and to choose a candidate-selection process that will in its view produce the nominee who best represents its political platform.” The decision also says that a state “has an interest in assuring the fairness of the party’s nominating process.” It seems unlikely that Illinois could argue that the existing system, which has been in place for decades, is “unfair” to the Green Party’s rank-and-file members. Although Ballot Access News has been critical of the Lopez Torres decision, this may be an instance when the opinion can be used to good advantage.