Utah and Idaho Republican Closed Primaries Problem for Independent Voters

INDEPENDENT VOTERS

• Republicans Move to Change Voter Registration Rules...For Republicans (by Bob Bernick, Utah Policy Contributing Editor) Since only Utah Republicans hold closed primaries, the party registration on primary day only applies to them. Without the law, an independent voter would have to sign up to be a Republican 30 days before the primary election, and many likely wouldn’t remember to do so. 
• Tribune: Lawmaker Wants GOP to Foot the Bill for Closed Primary (Posted by George Prentice, Boise Weekly) This morning's Lewiston Tribune reports that Lewiston Democratic Rep. John Rusche, the Idaho House minority leader, has introduced a personal bill (bypassing a committee hearing) that would require the Idaho Republican Party to "reimburse counties for any incremental election costs."

But there is recourse! Check out

Utah League of independent Voters

Independents in Utah as well as locally are an increasing force to be reckoned with. It has been said that independents are really partisans deep down masquerading covertly as infiltrators or just apathetic and undecided. We know that is not true. We certainly are not infiltrators. We are not partisans, and we are not undecided. We are decided, and we have decided to be independent! ....see more

Hankster News of the Day for Independents May 15

If you're independent, you won't be voting today in Idaho... Poor poor Michael Russnow, can't find Dianne Feinstein's name in the "clutter"! ... WI Gov Walker failing with indies... Americans Elect failing... Christine Quinn plays it safe to get the 2013 NYC Mayoral...

CA TOP TWO

• California Primary Ballot Hodgepodge: We Need a Return to Voting By Party Members Only (Michael Russnow, Screenwriter, former Member WGAW Board of Directors, former U.S. Senate aide, Huffington Post) Remembering that this was the year long-time incumbent Dianne Feinstein was running for re-election, I was hard pressed to find her in the ensuing clutter. Nor was it easier to find her opponents, none of whom I had ever heard of.
• “No Party Preference” Voters To Sway Senate District 15 (by Jane Susskind, IVN) Almost 28% of voters in Senate District 15 have opted out of the two-party system and are registered as “No Party Preference,” placing this district on our radar of races to watch.
• California focus - Feinstein strength exposes primary weakness (By THOMAS D. ELIAS, Ukiah Daily Journal) The top-two, or "jungle primary" system voters adopted for themselves and will use for the first time next month, will put the two leading finishers in every legislative and congressional race into November runoffs, regardless of their party affiliation. But U.S. Sen. Dianne Feinstein appears about to expose one wasteful difference between the new primary system and the way special elections have long operated: In special elections, if one candidate gets more than 50 percent of the first-round vote, there's no runoff. That candidate simply wins. Not so with the new primary setup. No one running for Congress will win outright next month.

IDAHO CLOSED PRIMARY

• 8 Things You Need To Know To Vote In Idaho’s Primary (Samantha Wright / Boise State Public Radio) Closed Primary:  This year, Idaho made the switch to a closed primary system.  The Idaho Republican Party sued the state to make this happen, as Party Executive Director Jonathan Parker explains. “We do believe that it is our right to essentially let Republicans chose Republican candidates, Democrats choose Democrat candidates, as these are the candidates who will be our standard bearers, carrying the torch for the Republican Party in November.
• Idaho Primary: Why The GOP Closed Its Ballot (By Samantha Wright, Boise State Public Radio) Grant says there was never a Democratic mandate to cross over and vote for someone in the GOP primary.  But he does say, in local races, a tiny fraction of Democrats have done this.  “And in many areas those races are decided in the Republican Primary.  So there are folks, I’m sure there are folks now, folks that are good Democrats that have registered as Republicans so they can vote in those local races.”… That could be a challenge for the 37 percent of Idahoans who label themselves Independent, according to a 2011 Public Policy Survey by Boise State University.

WISCONSIN RECALL
Poll: Wis. Gov. Walker leads Dem opponent by 9 points in recall (By Justin Sink, The Hill/ Blog Briefing Room) But Walker's lead shrinks among independent voters, among whom the incumbent governor holds just a three-point advantage. That's an encouraging sign for Barrett, who must make inroads among swing voters as well as rally his Democratic base.

AMERICANS ELECT
Americans Elect vote deadline hours away (Jonathan Tilove, The Times-Picayune) "Yes, the deadline is 11:59:59 tonight," Americans Elect spokesman Ileana Wachtel said in an email this morning, referring to the requirement that, in order to compete in the Americans Elect voting a candidate must first gain 1,000 clicks from supporters in each of 10 states. The leading declared candidate, by a mile, is former Louisiana Gov. Buddy Roemer, but as of today he had only 5,618 clicks, and the most from any single state is 583 from California.

NYC 2013 MAYORAL

• Speaker Christine Quinn primary sponsor of just two of 827 bills submitted to City Council since 2010 - Exclusive: Council sources say she avoids lending name to legislation so it won't hurt mayoral run (By Reuven Blau / NEW YORK DAILY NEWS) The News’ review found that the most active Council member in terms of introducing legislation was Gale Brewer (D-Manhattan), who submitted 62 bills. They ranged from a measure requiring the city to post more statistical data online to one to force the city to purchase locally grown vegetables. Most of Brewer’s bills stalled in committee, but the mayor signed seven into law, including the measure to disclose city data. Councilman Peter Vallone Jr. (D-Queens) was second, with 49 bills, followed by Councilman Daniel Garodnick (D-Manhattan), with 44.
• New York Voters Support Minimum Wage Increase, Poll Says (By THOMAS KAPLAN, NY Times/ City Room) Democrats and independent voters were strongly supportive of raising the minimum wage, the poll found, with 88 percent of Democrats and 75 percent of independents in support.

Idaho Repubs Exclude Indies from Primary Voting

OPEN PRIMARIES
Idaho GOP to consider dropping presidential primary (Betsy Z. Russell The Spokesman-Review) Not on the agenda for the two-day meeting: letting independents vote in the GOP primary for state offices next May. Current party rules ban anyone other than registered Republicans from voting in the Idaho GOP primary.

Power Struggle in Washington; Idaho Legislature Insults Independent Voters

INDEPENDENT VOTERS AND THE PARTISAN FACE-DOWN

• Analysis: Budget deal leaves scars on both parties (By Caren Bohan and Thomas Ferraro, Reuters) Obama will score some points, too, for being willing to compromise with Republicans, a potential plus as he campaigns for re-election and tries to rebuild ties with independent voters who fled Democrats in congressional elections last year.
• Doyle McManus: The fight on Capitol Hill wasn't about money; it was about political power (By Doyle McManus, LA Times) But among Democratic voters — and perhaps most important, among independent voters, who often decide how elections come out — more than two-thirds favored compromise, not confrontation.

IDAHO LEGISLATURE

• Idaho Legislature finishes ‘difficult’ session (Betsy Z. Russell, The Spokesman-Review) Rep. George Eskridge, R-Dover, called the session as a whole “tough” and “disappointing,” and said he didn’t like the way the debate over school reforms implied “that teachers are the problem.” He also objected to the Republican Party’s move to close its primary elections, saying, “I think we’ve disenfranchised independent voters.”
• Public to pay for GOP suit - Lawmakers vote $100,000 to pay attorney fees (Betsy Z. Russell, The Spokesman-Review) “I have to point out, we’re paying $100,000 for the Republican Party to sue the Republican Legislature, defended by the Republican secretary of state, in order to close primaries in Idaho – I just think this is so bad it’s comical,” said Sen. Elliot Werk, D-Boise… Keough said, “I remain disturbed that even while in essence shutting out the public, they asked the public to pay for it.”
• What Idahoans got from the Legislature (By Ben Botkin - Magic Valley Times-News) Loser: Independent voters, who will have to declare a party affiliation to vote in primary elections, or be classified as unaffiliated voters. Political parties can decide if they will accept ballots from unaffiliated voters.

EDUCATION REFORM
Can a New Schools Chancellor Fix Education Reform's Image Problem? (By Anna Sale, WNYC/It's A Free Country) Walcott called himself "just a guy from Queens" who went to public school and started his career teaching kindergarten. He said he's visited hundreds of schools, "held the hands of students and talked with the moms and dads." His call-and-response with students at City Hall felt warm and natural, where Black had come off as stilted and uncomfortable.

Testing Open Primaries in Idaho and South Carolina

INDEPENDENT VOTERS

• Obama Opens 2012 Campaign, With Eye on Money and Independent Voters (By JEFF ZELENY and JACKIE CALMES, NY Times) He may not be on the ballot until November 2012, but aides said they were eager to reach out to independent voters before Republicans do.
• Charlie Cook: Warning Signs Among the GOP - It’s not inconceivable that Republicans might start seeing things go against them in the court of public opinion, starting with the current spending debate. (National Journal/Charlie Cook's Off to the Races) But among independents, 51 percent thought government should do more, with 47 percent saying government was trying to do too much.

OPEN PRIMARIES PUT TO THE TEST IN IDAHO AND SOUTH CAROLINA

• by Damon Eris (CAIVN) On the other side of the issue, attorney Harry Kresky said, "It's a great day for independents. It's a great day for all voters in South Carolina."  Kresky is co-council for the Committee for a Unified Independent Party, which intervened in this suit as well as the case in Idaho.  In 2008, a majority of candidates for the state’s legislature ran unopposed in the general election, as reported at the Greenfield Daily Reporter.  If Independents were barred from voting in the state’s primary elections, they would be effectively disenfranchised from the political process.
• South Carolina editorial roundup (NECN.com) In tossing out a lawsuit by Republicans seeking to close party primaries in South Carolina, a federal court judge turned voters into winners in this important political process. With her decision, U.S. District Judge Michelle Childs has protected voters' rights while also preserving the integrity of the election process in our state.
• Allen: ‘Can’t believe partisan registration more important than funding schools, medical care for needy’ (Posted by Betsy, Spokesman Review/Eye On Boise) Gary Allen, attorney for independent voters who are appealing the federal court decision overturning Idaho's current primary system, told the House State Affairs Committee this morning, “My clients are concerned with the requirement for mandatory registration for two reasons:…" 

NEW YORK
Will Marty Golden Be Next Year’s Frank Padavan? Senate Dems Are Banking On It (By Laura Nahmias, City Hall News) Over a year in advance of the 2012 races, Democrats are already plotting a robust challenge to State Sen. Marty Golden, and the man at the top of the list of possible candidates is Carlo Scissura, chief of staff to Brooklyn Borough President Marty Markowitz.

Idaho: Disenfranchising voters is never a good thing.

IDAHO - TIME FOR "TOP TWO" PRIMARY
Has time come for a ‘top two’ primary system? (Bonner County Daily Bee)  Disenfranchising voters is never a good thing. Which is why it’s time to end Idaho’s rigid party system, which favors the Republican and Democrat parties. Instead, let’s switch to a “top two” primary system like that adopted by Washington voters in 2004 and which has successfully run in Louisiana for years. A similar system, through Proposition 14, was adopted recently in California.

California Top Two Open Primary Builds Support in Idaho

OPEN PRIMARIES

• Editorial, Other Views: Open primaries: What about will of the people? (EDITORIAL The Californian.com) Last June, California voters approved Proposition 14, which promised to promote competition in state politics by listing all candidates for a given office on a single primary ballot, regardless of party affiliation. The top-two vote-getters would advance to the November runoff — an arrangement that proponents believe will benefit more moderate candidates and help create a less polarized, more stalemate-resistant Legislature.
• Candidate's Request to Suspend Election Rules Denied; Certified List of 16 - U.S. District Judge Otis Wright II denies request to suspend new election rules in upcoming 36th Congressional District contest. (By Paul Chavez, HERMOSA BEACH PATCH)
• Has time come for a ‘top two’ primary system? (EDITORIAL Bonner County Daily Bee) Disenfranchising voters is never a good thing. Which is why it’s time to end Idaho’s rigid party system, which favors the Republican and Democrat parties. Instead, let’s switch to a “top two” primary system like that adopted by Washington voters in 2004 and which has successfully run in Louisiana for years. A similar system, through Proposition 14, was adopted recently in California.
• First GOP presidential debate opening. (South Carolina SC) A group of independent voters, party members of black tea and state legislators have joined in the fight against the trial.
• Senate approves new primary plan with party registration (By Brad Iverson-Long, Idaho Reporter) “This is not a closed primary bill – it provides options,” said Senate President Pro Tem Brent Hill, R-Rexburg. “It’s a constitutional primary bill.” The new primary system follows a successful lawsuit by the Idaho Republican Party striking down Idaho’s existing open primary election system.

MIDDLE AMERICA, THIRD PARTIES, INDEPENDENT CANDIDATES

• King: Great middle of America has no place to call home (By BILL KING, Chron/Viewpoints, Outlook) Still, it is not easy to break the Democratic/Republican partisan oligarchy. The two dominant political parties have laced the elections statutes with provisions that stack the deck against third-party or independent candidates. For example, in Texas an independent candidate must collect about 50,000 signatures to get on the November ballot and the petitioners cannot have voted in the primary, a daunting task to say the least.
• Former independent candidate for governor forms moderate political action committee (THE ASSOCIATED PRESS, The Republic - Columbus Indiana) Former Maine independent candidate for governor Eliot Cutler has formed a new political action committee for moderates.

LAST WORD

• PPP sells to left, polls down middle (By MOLLY BALL, Politico) The company’s revenue comes not from the polls featured in news stories but from paying clients: Democratic candidates and progressive advocacy groups such as unions, abortion rights groups and environmentalists. The liberal website Daily Kos, with sponsorship from the Service Employees International Union, has commissioned more than 100 PPP polls to be conducted and published over the course of the 2012 election cycle. But that’s the exception, not the rule, to how the company usually makes its money.

Independents Continue Fight to Preserve Idaho Open Primary

Idaho Voters Consider Themselves Independent

• Closed primary bill moves on to full Senate (Associated  Press, Magic Valley Times News) Winmill's ruling is being appealed by the New York-based Committee for a United Independent Party. The group's lawyer Gary Allen warned the public record provision could infringe on constitutional privacy rights. Citing a recent Boise State University survey showing the majority of Idaho voters view themselves as independents, Allen cautioned lawmakers against setting rules that could keep independents home on primary election day.
• Closed Primaries Upset Independents (Posted by DFO, Spokesman Review/Huckleberries Online) Gary Allen, attorney for a group of independent voters, told the Senate State Affairs Committee, “I'm here on my 50th birthday, and I can't think of any better way to spend it than talking about democracy.”
• ‘Poke independent voters in the eye’ (Posted by Betsy, Spokesman Review/Eye On Boise) “In our view, this is an unnecessary intrusion on voters' privacy,” Allen said. “Frankly, our clients do not want to do this, and we've seen no evidence that other independents in Idaho want to do this either. At a time when Republican Party identification in Idaho is falling like a stone … I would not think that the Republican Party would want to poke independent voters in the eye.”
• Trillhaase: GOP Moderates Surrender (Posted by DFO,  Spokesman Review) Already under siege from the ideological faction that gave you bills to nullify the U.S. Constitution and put a gun in every college student's hand, Idaho's moderate Republicans lost the war earlier this month. U.S. District Judge B. Lynn Winmill said the party apparatchiks could close the state's GOP primary to all but card-carrying Republican voters
• ‘Keep known political operatives from participating in another party’s primary’ (Posted by Betsy, Spokesman Review/Eye On Boise) Senate Minority Leader Edgar Malepeai, D-Pocatello, asked why party-affiliated people would have to switch their party affiliation by the end of the filing period in March or not at all for that year's primary, under the bill. “You may not even know what the roster is at that date,” said Sen. Michelle Stennett, D-Ketchum.

Idaho Legislature Considers Bill to Require Party Identification

IDAHO INDEPENDENTS FIGHT TO MAINTAIN OPEN PRIMARIES
The Republican Party’s legal efforts to close its primary elections to those outside its ranks has met resistance both from the state attorney general of its own party and an unlikely coalition of independents who say they want voting influence in the state’s dominant political organization. Read more here

• Idaho Democrats blast lawmakers for $100,000 payment to GOP for closed primary attorney fees (THE ASSOCIATED PRESS, The Republic) Democratic Party leaders are unhappy with legislative budget writers' decision this week to pay the state Republican Party $100,000 for attorney fees after the state lost a GOP-led lawsuit in federal court over Idaho's open primary. NOTE: This AP article ran widely in local papers
• Idaho Bill for Party Registration (Ballot Access News) On March 28, the Idaho Senate State Affairs Committee introduced SB 1198. Currently, Idaho voter registration forms do not ask voters to choose a party. The bill provides that in the future, voter registration forms will include a place for voters to choose a party, or to choose “unaffiliated” status. The bill also says that sign-in sheets at the May 2012 primary will include a party membership checkbox. Starting in 2012, each qualified party would determine for itself whether or not to let independent voters vote in its primary.
• New closed primary and voter registration plan introduced (By Brad Iverson-Long, Idaho Reporter.com) The new plan was introduced Monday in the Senate State Affairs Committee. For next year’s primaries, it would instruct county clerks to add check off boxes to their poll book to ask all current registered voters to declare a party affiliation, which would include being unaffiliated. Party registration would also become part of new voter registration cards.
• Independents unwelcome? (Idaho Mountain Express) Idahoans of independent mind, who hate being labeled, pigeonholed or stereotyped, are likely to be shocked when they go to vote in upcoming primary elections.
• Thomas D. Elias: GOP extremists embark on path of self-destruction (By Thomas D. Elias, LA Daily News) The latest self-destructive move came at the party's late-winter state convention, where activist delegates voted to stage an end-run around the "top-two" open primary election system that now allows all voters to cast ballots for any candidates they like, regardless of party. That system gets its first large scale test in the statewide primary set for next spring.

Independents Decide to Appeal Court Ruling to Close Idaho Primaries

IDAHO OPEN PRIMARY RULING
Independent Voters Appeal U.S. District Court Decision Ruling Idaho’s Open Primary System Unconstitutional (POSTED BY NANCY HANKS, The Moderate Voice)

Independents have taken an appeal from the decision of U.S. District Judge B. Lynn Winmill ruling Idaho’s open primary system unconstitutional.

In August of 2008, a group of 11 independent Idaho voters and two organizations representing independents—the American Independent Movement of Idaho founded by Mitch Campbell of Twin Falls and the New York-based CUIP (d/b/a IndependentVoting.org)—a national association of independents—were granted the right to participate in the case as intervenors-defendants. As such, the independents have standing to appeal.

read more here

Independents Appeal Court Ruling to Close Idaho Primaries

IDAHO PRIMARY

• Closed primary moves closer - Legislation could be introduced by Friday (By Associated Press and Coeur d'Alene Press) On Wednesday, the New York-based Committee for a United Independent Party appealed the decision. The group says closing the primary cuts out Independent voters, roughly how a third of Idaho's population identifies itself. Seventeen other states use open primaries.
• Idaho GOP leaders near closed primary deal (JOHN MILLER Associated Press, Idaho Press) The New York-based Committee for a United Independent Party announced on Wednesday it was lodging an appeal of U.S. District Judge B. Lynn Winmill's decision.
• Appeal Filed in Closed Primary Ruling (POSTED BY GEORGE PRENTICE, Boise Weekly/City Desk) "A third of Idaho voters have lost their right to vote in the state's primaries as a result of this decision," said Harry Kresky, co-counsel for a group calling itself the American Independent Movement of Idaho.
• Idaho GOP leaders near closed primary deal (Moscow Pullman Daily News) The New York-based Committee for a United Independent Party announced on Wednesday it was lodging an appeal of the decision made by U.S. District Judge B. Lynn Winmill.
• Idaho GOP leaders near closed primary deal (By: JOHN MILLER, Associated Press, Washington Examiner) The New York-based Committee for a United Independent Party announced on Wednesday it was lodging an appeal of Winmill's decision. Gary Allen, the group's lawyer in Boise, said Idaho's Republican primary is often the only election that counts, so independents should be able to participate.

Independent Voters File Appeal in Idaho Closed Primary Ruling

Picture this:  For 38 years nobody asked you if you had a party preference when you went to vote in the state of Idaho.  Enter a faction of the Idaho Republican Party, which won a court case presided over by Judge B. Lynn Winmill who decided that political parties can dictate who votes in the determining first round of public elections.  Desperate move by historically failing institutions?  You betcha.  And it hits at the core of democracy and citizen involvement.  As political parties and a deadly Party-Uber-Alles mentality grips our nation, independents are fighting back for the good of the country.

Appeal Filed in Closed Primary Ruling

POSTED BY GEORGE PRENTICE ON WED, MAR 23, 2011 AT 2:07 PM

Boise Weekly/City Desk

A group of independent Idaho voters have filed an appeal, challenging a federal judge's decision to throw out Idaho's open primary system.

"A third of Idaho voters have lost their right to vote in the state's primaries as a result of this decision," said Harry Kresky, co-counsel for a group calling itself the American Independent Movement of Idaho. "As a result of our invention in the litigation, independents are able to take the necessary legal steps to protect their interests, regardless of what the State of Idaho decides to do in the courts or in the legislature in response to the decision."

On March 2, U.S. District Judge Lynn Winmill ruled against the open primary system, saying past primaries were influenced by crossover voting by Democrats and Independents.

Meanwhile, Republican Idaho legislators are working behind closed doors this week, crafting new procedures that would limit GOP primaries to only registered Republicans. House Speaker Lawerence Denney said he expected a bill to surface by Friday. One sticking point will be to determine how long a voter must prove party registration before being eligible to participate in a primary. One proposal suggests two months. Another suggests 180 days.

Idaho GOP leaders near closed primary deal

March 23, 2011, 12:29 pm

Moscow Pullman Daily News

BOISE — As Republicans near a legislative deal to close their primary elections, an independent voter group is appealing a federal court ruling from earlier this month that threw out the 38-year-old open primary law in Idaho. 

The New York-based Committee for a United Independent Party announced on Wednesday it was lodging an appeal of the decision made by U.S. District Judge B. Lynn Winmill. 

Gary Allen, the lawyer in Boise for the group, said the Republican primary in Idaho is often the only election that counts, so independents should be able to participate. 

Idaho GOP conservatives aim to limit who can vote in their primary because they suspect crossover voting has produced GOP candidates who fail to hew closely enough to the party line. 

House Speaker Lawerence Denney expects a bill to close the primary to be introduced by Friday. 

Independent Voters Appeal U.S. District Court Decision Ruling Idaho’s Open Primary System Unconstitutional

Independents take independent steps to defend Idaho open primaries

New York, NY—Independents have taken an appeal from the decision of U.S. District Judge B. Lynn Winmill ruling Idaho’s open primary system unconstitutional.

In August of 2008, a group of 11 independent Idaho voters and two organizations representing independents—theAmerican Independent Movement of Idaho founded by Mitch Campbell of Twin Falls and the New York-based CUIP (d/b/a IndependentVoting.org)—a national association of independents—were granted the right to participate in the case as intervenors-defendants. As such, the independents have standing to appeal.

“A third of Idaho voters have lost their right to vote in the state’s primaries as a result of this decision,” said Harry Kresky, general counsel for CUIP and co-counsel for the intervenors. “As a result of our intervention in the litigation, independents are able to take the necessary legal steps to protect their interests, regardless of what the State of Idaho decides to do in the courts or in the legislature in response to the decision.”

The notice of appeal was filed by attorney Gary Allen of Boise, who stated: "I look forward to representing independent voters' interests on the appeal. It is important for independents to have a voice in this matter.  In Idaho, the Republican primary is often the only election that counts, and independents who wish to affiliate with the Republican Party for purposes of that primary should be able to do so. Partisan interests should not take precedence when it comes to participation in the democratic process.” 

Independent Voters Appeal U.S. District Court Decision Ruling Idaho’s Open Primary System Unconstitutional

Independents take independent steps to defend Idaho open primaries

New York, NY—Independents have taken an appeal from the decision of U.S. District Judge B. Lynn Winmill ruling Idaho’s open primary system unconstitutional.

In August of 2008, a group of 11 independent Idaho voters and two organizations representing independents—the American Independent Movement of Idaho founded by Mitch Campbell of Twin Falls and the New York-based CUIP (d/b/a IndependentVoting.org)—a national association of independents—were granted the right to participate in the case as intervenors-defendants. As such, the independents have standing to appeal.

“A third of Idaho voters have lost their right to vote in the state’s primaries as a result of this decision,” said Harry Kresky, general counsel for CUIP and co-counsel for the intervenors. “As a result of our intervention in the litigation, independents are able to take the necessary legal steps to protect their interests, regardless of what the State of Idaho decides to do in the courts or in the legislature in response to the decision.”

The notice of appeal was filed by attorney Gary Allen of Boise, who stated: "I look forward to representing independent voters' interests on the appeal. It is important for independents to have a voice in this matter.  In Idaho, the Republican primary is often the only election that counts, and independents who wish to affiliate with the Republican Party for purposes of that primary should be able to do so. Partisan interests should not take precedence when it comes to participation in the democratic process.” 

CONTACT:  

Nancy Ross (800) 288-3201

Director of National Organizing

IndependentVoting.org

nross@independentvoting.org

800-288-3201/212-609-2800

U.S. District Court decision rules Idaho's open primary system unconstitutional:

A huge blow to independents as a federal Judge in Idaho ruled that the 38 year old open primary system in Idaho was unconstitutional paving a victory for the GOP who filed suit two years ago. This ruling unfortunately forces 42 percent of Idaho voters who consider themselves independents to join a party if they want to vote in party primaries. The decision might affect other legislation if it is used as a precedent.

Jackie Salit, President of IndependentVoting.org, issued this statement on the U.S. District Court decision ruling Idaho's open primary system unconstitutional:

"The decision of the U.S. District Court today is a deep disappointment to the independent voters whose political rights are now seriously impaired. The Republican Party asked the court to give it the right to redesign Idaho's electoral process and relegate independents to the "no man's land" of a closed primary system. The court gave them that right, in effect blurring the critical distinction between a public function, like elections, and the private interests of a political party. This is a dangerous precedent for our democracy. The entire process in the federal court reveals the conflicts inherent in this situation. First, the court allowed us, the independents, to be admitted as intervenors over the objections of the Republican Party, on the grounds that our interests deserved recognition and representation. But then the court negated those interests by allowing the Republican Party to run roughshod over them. We are in the process of assessing the decision and will decide what course to follow."

IDAHO OPEN PRIMARY DEFENSE

• Open primary unconstitutional - Ruling paves way for only GOP members to vote on candidates (By TODD DVORAK/Associated Press, Coeur d'Alene Press ID) "The Republican Party asked the court to give it the right to redesign Idaho's electoral process and relegate independents to the 'no man's land' of a closed primary system," said Jackie Salit of IndependentVoting.org, a national organization with an Idaho affiliate which supports independent voters.

• Judge (William L. Spence, Lewiston Morning Tribune, Election 2010/Meet the 112th) Several groups representing independent voters intervened in the lawsuit, hoping to maintain the open primary system. Jackie Salit, president of IndependentVoting.org, said Winmill’s decision “is a deep disappointment to the independent voters whose political rights are now seriously impaired.”

• Idaho’s open primary infringes on GOP, judge rules (Betsy Z. Russell, The Spokesman-Review) “An important corollary of the right to freely associate is a right not to associate,” wrote U.S. District Judge Lynn Winmill in his decision. He found “clear evidence of crossover voting” in Idaho’s primaries. Idaho has never required its voters to register their party affiliation.

• Judge: GOP can restrict primary to members (Idaho Press Tribune)

• Judge says Idaho can't require open primaries (By Laura Zuckerman, WHTC Idaho) The state argued that the Idaho Republican Party failed to demonstrate damage from crossover voting and that closing primaries would interfere with Idaho's valued tradition of allowing voters to register on election day.

• Court ruling pushes Idaho toward party registration primaries (By Brad Iverson-Long, Idaho Reporter) College of Idaho political economy professor Jasper LiCalzi said many Idahoans consider themselves independents, even if they typically side with one party. He said those voters wouldn’t want to be shut out of primary elections. “That’s not going to be all that popular,” LiCalzi said.

• Judge rules in favor of Idaho GOP in open primary case (by Jamie Grey, KTVB.COM)

• VIDEO http://www.ktvb.com/news/Judge-rules-in-favor-of-Idaho-GOP-in-open-primary-case-117258328.html

• Idaho GOP open primary ruled unconstitutional (Associated Press, KIVI TV - Boise) The ruling ends a federal lawsuit that pitted Republican against Republican. In this case, the state party and its chairman Norm Semanko sued the Idaho Secretary of State, Republican Ben Ysursa, to dismantle the 38-year-old primary system.

• Federal judge rules with Idaho GOP, declares party's open primary unconstitutional (TODD DVORAK Associated Press, The Republic - Columbus IN) The ruling by U.S. District Judge B. Lynn Winmill deals specifically with Republican primary elections and paves the way for the GOP controlled legislature to begin working on changing state law to change the rules for casting ballots in those early nominating contests.

• Idaho GOP open primary ruled unconstitutional (NECN)

• Judge rules Idaho's open primary is unconstitutional (Lewiston Tribune) "This case presents the question whether the State of Idaho's use of an open primary system to determine nominees for the general election violates the Idaho Republican Party's First Amendment rights," Judge Winmill wrote...

• District judge rules that Idaho open primaries violate Republican Party rights (Magic Valley Times-News) Winmill also notes that Idaho Republicans didn't seek an "affirmative remedy" in their lawsuit.

• Idaho’s open primary declared unconstitutional (Posted by Betsy, 19 comments included below, Spokesman Review/Eye On Boise) COMMENT - danofthecommunity: I know I would be very upset as an independent voter if I were expected to pay for countwide primary elections (which are big ticket items) for the parties but told, you must pay but you can’t play unless you join either the red or the blue team...

• Idaho GOP Open Primary Ruled Unconstitutional (By Associated Press, Local News 8)

Idaho: Full Participation and Democratic Openness v. Narrow Partisan Interests

Yesterday attorney Harry Kresky reported on his recent trip to Idaho to help defend independents there facing attack from a faction of the Idaho Republican Party hoping to close the primaries in order to control the electorate. Idaho does not have partisan registration, so closing the current open primary system in Idaho would require voters to declare a party.

Today Kresky and Idaho attorney Gary Allen filed this post-trial brief commenting on this important case.

Here's the conclusion of the brief and you can read the whole thing below.

The State of Idaho has adopted a primary system that protects important interests, including full participation and democratic openness. The State has determined these considerations are more important than narrow partisan interests. Idaho has a political culture that allows people to function not as Democrats or Republicans, but as citizens seeking to elect the best possible candidates to public office. The evidence shows that this system is working, and virtually all voters are voting sincerely for the person they believe is the best candidate, or at least one who is acceptable. The IRP [Idaho Republican Party] in Government dominates the Idaho legislature, but it has not voted to change the current system. The State's post-trial brief will speak to the substantial administrative burdens and expense of implementing the relief sought by the IRP Organization.

As a final point, Defendant-Intervenors emphasize that, should the IRP Organization prevail, independent voters, now twenty-eight percent of the electorate, would be barred from participating in the election that very often is the only one that counts.

Post Trial Brief Kresky Allen Idaho Case 1-08-Cv-00165-BLW

Harry Kresky: Abraham Lincoln’s “government of the people, by the people, for the people” still needed defending

UPDATED 11.16.10 -- This just in: Defendants for independent voters filed a post trial brief. Read here:

Post Trial Brief Kresky Allen Idaho Case 1-08-Cv-00165-BLW

The Idaho Partisan Problem

by Harry Kresky

As I flew back to New York from Boise last month, I thought about our history as independents and felt a deep appreciation of this moment. 147 years after the Gettysburg Address, Abraham Lincoln’s “government of the people, by the people, for the people” still needed defending.

Gettysburg, November 19, 1863 

In July 2008 I joined with Idaho attorney Gary Allen to represent 11 Idaho independent voters,  the Committee for a Unified Independent Party, Inc. (a/k/a independentvoting.org), and the American Independent Movement of Idaho seeking to intervene as defendants in a lawsuit brought by the Idaho Republican Party (“IRP”) to dismantle the State’s open primary system. Intervention was granted, and in October, 2010 the case went to trial. We are now awaiting a decision by U.S. District Judge B. Lynn Winmill.

If the IRP wins the lawsuit, the 28 percent of the Idaho electorate who are independents, will be barred from participation in Idaho’s primary elections unless they registered into a political party which they do not wish to do. As the lawsuit progressed, it became apparent that more than the narrow issue of their participation in the first round of voting is at stake. At a time when Americans are deeply concerned with how partisanship is making it increasingly difficult to achieve consensus (or even constructive compromise) on the issues facing our country, plaintiffs  assert that the U.S. Constitution (which makes no mention of political parties) not only protects the right of citizens to organize  parties, but guarantees party organizations a dominant role in determining  the electoral framework.

The issue before the Court is the people v. the parties. As independents, we believe that  in a democracy the people determine the form of government and how those who govern are chosen. Apparently, not everyone agrees with this proposition. The expert witness retained by the IRP in support of its effort to close the primaries, a Professor at Duke University, had the following back and forth with me at his deposition:

Q.   Right.  Okay.  But isn't this whole thing about the voter?  Isn't that what democracy is?

A.   No, sir.

Q.   What is democracy?

A.   Democracy is about having a strong,  responsible, party system that offers a clearly articulated set of alternatives that educates voters and gives them the information they need to make informed choices.  Voters on their own can't make choices.

I can only hope that Gary and I made the people’s case.

Harry Kresky is an attorney based in NYC who represents CUIP (independentvoting.org). He blogs at Legal Briefs.

TODAY'S NEWS HEADLINES for INDEPENDENT VOTERS 8/13/10

OPEN PRIMARIES

• Why People Hate Politics (Gautam Dutta, Huffington Post) If SB 6 kicks in, California will switch to a radical version of "Top Two" elections.
• Limiting voters' choices (LETTER Marin Independent Journal by Eugene E. Ruyle, Oakland, Peace and Freedom PARTY candidate for Congress) We need a publicly funded electoral system with proportional representation. Only then will we be able to elect officials who represent working people instead of corporations and the rich.

IDAHO

• Gubernatorial candidate charges City Club of Boise of debate cover-up (By Dustin Hurst, Idaho Reporter)

MASSACHUSETTS

• Independent candidate for governor Tim Cahill proposes redistricting commission changes (The Associated Press, MassLive) Three members would be Democrats, three would be Republicans and three would be independents.

NEW YORK

• The Cuomo Conundrum: Can the King and the Court Find a Way to Get Along? (By Reid Pillifant, NY Observer) Mr. Wright, who doubles as Manhattan's Democratic chair, had just peeled away from an array of Democratic officials gathered on the steps of City Hall, who were baking in the mid-afternoon sun. While the partisans wiped their brows and fiercely defended the prerogative of the Democratic Party, the top of the ticket was upstate, pledging to clean up a government that's already controlled by Democrats.

NYC CHARTER REVISION

• It's Official — Term Limits Will Appear on Ballot, Charter Commission Says (By Jill Colvin, DNAinfo Reporter/Producer) After months of passionate protest and debate, the commission, which was convened by the mayor to examine flaws in the city's Charter, chose not to include a referendum on nonpartisan elections as a means of increasing dwindling voter turnout.
• The Charter Revision Commission has its final say, at length (BY COLBY HAMILTON, Capital New York) As the meeting began and Goldstein laid out what the commission would tackle that evening, what wasn't mentioned was as significant as what was. Term limits was on the agenda. The issue of nonpartisan elections, once an important goal for Michael Bloomberg and his allies in the Independence Party, but which voters rejected in 2003, was not.
• Bloomberg: Term Limits Issue Up To The Voters (By: Grace Rauh, NY1)
• Mayor Faults Term Exception (By MICHAEL HOWARD SAUL, Wall Street Journal) The current Charter Revision Commission considered placing nonpartisan elections on the ballot again this year, but opted against it. The mayor said he was "disappointed" that the panel "didn't seem to have a lot of stomach for it."
• Suddenly, Bloomberg Has Nothing To Say About Term Limits (BY ADAM LISBERG, NY Daily News)  Nonpartisan elections will not be on the ballot, after a quiet effort by Bloomberg operatives to win support for it failed. The mayor made clear, though, that he thinks the commission missed a golden opportunity:

  “I’m disappointed that the commission, which is independent, didn’t seem to have a lot of stomach for it. I have always believed, as you know I financed a campaign when I first came into office to try to change it and I do believe that is the way the system should be. And without that, most people don’t t realize that they don’t have, in a practical sense, a vote.”

  
  

American Independents: The success of the two parties is also their failure

by Randy Miller

Every American, every thoughtful student is an independent at heart. Many however by means of cowardice and dereliction or perhaps just being uninformed choose the easy path of partisan loyalty over the hard right of independence, liberty and organizing.

Every substantial positive and empowering step in our quest for a more perfect union has sprung up from an independent movement of citizens motivated to organize.

Your children are free to go to school without being exploited for their industry; thank you organized labor.

Women are now free to vote and to own property. I'm sure the women of our state and nation will raise a glass to honor the lifetime sacrifice of those stalwart independent women who took on the establishment repeatedly.

The independent paradigm that is taking shape today is both epic and historic.

All people regardless of race, creed or color can now be citizens and vote. This right always existed. The 2 party aristocracy just needed it's wings clipped. Thank you black independent movement.

Segregation is no longer legal. It was always morally wrong. Thank you again black independent movement, the score is now 2 for you and 0 for the two-party establishment.

The two parties have historically evolved to either oppose or take credit for these popular uprisings.

Women's suffrage, equitable labor conditions, black enfrachisement, desegregation--all these prominent and equitable conditions are great, but there is another shackle that must be cut. This new direction, this new paradigm is bigger than all those great and victorious developments.

We see today segmented uproars over nearly every piece of legislation and a constant castigation of partisan figures of the prominent 2 parties. The success of the two parties is also their failure. The uproar of every jot and tittle is a testament that the voice of the people is not being heard and acted upon. If 'We the People' had a shred of confidence that we were being heard then policy that doesn't go 'my' particular way would be more palatable. Individuals would be convinced that the people had spoken and that they had just been at odds with that voice and lost. However, this confidence does not exist. The two parties in their successful quest to dominate elected positions and policy conversations, have established an accurate portrait of an out of touch aristocrcy with 2 factions.

The independent paradigm that is taking shape today is both epic and historic. We are confronted with the task of completely changing the way we do politics and conduct elections. We are charged with returning to a government by and for the people. It is a remarkable form of government. It is not a suitable governing framework for a lazy and apathetic citizenry. It requires involvment. It requires discourse. It requires reconciliation and apology at times. It requires that we now begin doing what the two parties have taken upon themselves to do for us. It requires that those factions who are disappointed by the various outcomes of the voice of the people remain committed to our union of states and not let insurmountable differences fester with the feverish plague of secessionist thinking.

Randy Miller is the founder of Utah League of Independent Voters. He was interviewed recently by KSL on gerrymandering. Also see Thin Blue Line letter  in City Weekly, and IPR "Anybody's Game"

NEXT WEEK: How I became an independent.

TODAY'S NEWS HEADLINES for INDEPENDENT VOTERS

• A third party in Redding PA? D'Agostino starts petition process
  
• Idaho's Huntsman Rising, Weaver Advising Rising, Weaver Advising 
  
• Fulani on Bloomberg and Black Independent Alliance
  
• Hello Dolly Llama on partisanship
  
• Repubsneed to attract independents -- but will they?
  

Speaking of Open Primaries

If you haven't read them already -- or even if you have, you might want to re-read Jonathan Alter's article in last week's Newsweek "Poof Goes the Purple Dream", and this little item about the fight by independents in Idaho to keep the parties out of their voting system...

And as for the big hullabaloo in California over the primaries, I admit to the prize in the "imprecise language" category. The nation's premier ballot access expert Richard Winger sent the following email as a corrective to a post I made last week:

Your blog says "California had open primaries 50 years ago".  California had fusion 50 years ago.  Anyone could file in the primary of any party.  But, each qualified party had its own primary.  In California it was called cross-filing, but in the rest of the country it was and is called fusion.

The term "open primary" has been defined in US Supreme Court decisions and in political science books for over 100 years, to mean that on primary day, a voter is free to choose which party's primary to vote in.

The Maldonado/Schwarzenegger proposal is not an "open primary".  It is a "top-two" primary.

Washington state tried the "top-two" primary for the first time in 2008.  The results:  (1) lower voter turnout in the August 2008 primary than 4 years ago (4 years ago was a classic open primary), and that is according to the Washington Secretary of State's web page.  (2) for the first time since Washington became a state in 1889, there were no minor party or independent candidates on the November ballot for any congressional race or any statewide state race.  (3) Washington state in November 2008 had fewer legislative seats switching parties than the average state did that year, and no US House seats changed hands; and only one incumbent lost in the primary out of 123 state legislative races, and all US House incumbents were re-elected.  Top-two in practice turned out to be very good for incumbents and very bad for people who want to express themselves in November by voting for a minor party or independent candidate.

Thanks, Rich! 

Re: "Top-two in practice turned out to be very good for incumbents and very bad for people who want to express themselves in November by voting for a minor party or independent candidate." Just makes me wonder what the fuss is all about from the parties, then? It's independent VOTERS who are fighting for open primaries -- and "top two" voting systems. More than a third of voters are locked out of voting in the first round in 18 states. Not fair. Not democratic. I wish more minor parties or independent candidates would line up with independent voters on this issue. It would be good for the country. As it stands, seems that a party is a party is a party with self-protective reactions no matter what the size..... -NH