On December 23, the Hawaii Supreme Court upheld the state’s primary voting system. Malish v Nago, SCEC-22-682.
The Hawaii Constitution says in primary elections, no voter is asked to declare a party or declare independent status. It says each primary voter receives the primary ballots of all qualified parties, and if there are any independent candidates, also the primary ballot that only lists independents. The primary voter chooses one type of ballot and casts it.
The plaintiffs argued that the very act of the voter choosing one type of primary ballot is intrinsically forcing that voter to declare party memberhip, but the Court does not discuss this idea and merely says the plaintiffs have not stated a claim for which relief can be granted.