Reform and Revolution 2011

INDEPENDENT VOTERS
Political parties should pay for primaries (LETTER Kansas City Star)

MAY DAY

• May Day rallies call for reform, voice frustration (Chris Michaud and Eric Johnson, Reuters) May Day events in New York, Chicago, Los Angeles, Boston, Milwaukee and Madison, Wisconsin were considerably smaller than in past years, as some of the hope for reform among Democrats that helped put Obama in the White House has faded.
• For workers in Havana, May Day highlights uncertainty (By Eve Bower, CNN)

OPEN PRIMARIES

• Independent Idaho in for poll surprise - Largest bloc must decide between GOP, Democrat (Betsy Z. Russell, The Spokesman-Review) In a state that’s never had party registration, you could be in for a surprise at the polls, where voters will be required to become party members – or they might not get to vote in anything but nonpartisan judges’ races. “Being an independent, you don’t like that too well,” said Mitch Campbell, a Twin Falls businessman who heads the American Independent Movement of Idaho… Gary Allen, attorney for a group of independent voters who are appealing the federal court decision, said, “It’s just another infringement, and another insult by a party system that is just tone-deaf to where so many people are.”
• California Democratic gathering offers chance to celebrate, and challenges too (By Seema Mehta, Los Angeles Times) The party on Friday began discussing how to deal with Proposition 14, which ended partisan primaries and created a system in which the top two vote-getters in a primary compete in the general election, regardless of party affiliation.
• Feinstein issues call to arms to state Democrats (Carla Marinucci, San Francisco Chronicle) Registered Democrats outnumber Republicans in California by 2 million voters. But Burton cautioned against complacency. Districts will soon be redrawn, and changes in primary election rules - what Burton called "this stupid open primary system" - could impact the balance of power.

INDEPENDENT VOTERS

• State acknowledges possible motor-voter glitch in Montco (By Jeremy Roebuck, Philadelphia Inquirer) County election officials fear that multitude of choices - including selections such as "Independent Democrat" and "Independent Republican" - could lead voters to mistakenly believe they have signed up with one of the county's two major parties.
• Special election: What role will major parties play? (EDITORIAL Las Vegas Review Journal) The tactical question hanging over the whole process is: How will Democratic Secretary of State Ross Miller choose to accept candidates for the ballot? The law clearly states "no primary may be held." Some have suggested Mr. Miller could cut the political parties out of the process and allow any and all comers ballot access so long as they gather the appropriate number of signatures and pay the established fee. Under this scenario, the pundits suggest, a large number of Republican aspirants might split the party vote and allow a Democrat to win with a small plurality.

2012

• Obama trails Romney in NV, narrowly leads others (PRESS RELEASE Public Policy Polling) Though they are only a fifth of the electorate, essentially all of the president’s decline has come with independents, who approved 55-41 in January but disapprove almost 2:1 now (33-65), a 46-point tailspin. Accordingly, Obama has slid with them from -11 to -31 against Romney, from +23 to -17 against Mike Huckabee, and from +27 to -11 against Newt Gingrich. Even Sarah Palin leads the president by two with independents, which she has not in almost any other state. She trailed by 22 in January. Donald Trump leads by four, but was not tested previously.
• Obama's Numbers Holding Strong In NC (By Patrick Zarcone, Additional reporting by Freda Kahen, WCHL Chapel Hill NC) “He’s maintaining his support with white voters,” he said. “The other key thing is that those key independent voters are still with Obama.”

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

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

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

• NYC Independence Party strategists Fred Newman and Jackie Salit spoke with Mayor Bloomberg's campaign manager recently...
  

• Mayor Boss Tweed Bloomberg?
  

• Queens County Independence Party Chair Molly Honigsfeld and Chair Emeritus Jerry Everett attended NY State Senator Frank Padavan's swearing in....
  

• Independent voters get a day in court in Idaho, with attorney Harry Kresky arguing for voters' rights over parties rights' for open primaries
  

Idaho Ruling Marks First for Independent Voters

Independent Voters Win Right to Intervene and Defend Idaho’s Open Primary System in Federal Court Litigation

Independent voters and two groups representing independents were today granted intervener status in litigation concerning open primaries.

U.S. District Court Judge B. Lynn Winmill ruled from the bench, granting independents the right to be a full party in the litigation. The decision marks the first time independent voters have been accorded this status in an open primary case.

“The Republican Party is attempting to restructure the electoral system of Idaho out of narrow partisan interests,” stated lead counsel for the independents Harry Kresky. “As a result of today’s decision, independents will be involved in all phases of this litigation—the outcome of which will directly impact on every independent in the state.”

The Idaho Republican Party brought the suit in an effort to end the system of open primaries and force the state to institute partisan voter registration. They opposed the intervention by independents. Eleven independent voters from Twin Falls, Salmon, Filer and Jerome, along with two groups which represent independent voters --The American Independent Movement of Idaho (AIM) and the Committee for a Unified Independent Party, Inc. (CUIP) -- filed the Motion to Intervene into Idaho Republican Party v. Ysursa on July 1, 2008.

Mitch Campbell, founder of the American Independent Movement of Idaho, was the initiator of the Motion to Intervene. Campbell and other independent voters in Idaho and across the country have championed the cause of open primaries, particularly as the number of voters who consider themselves independents has grown. Today nearly 40% of American’s describe themselves as political independents.

Jacqueline Salit, president of CUIP which has active networks of independent voters in more than 35 states, stated in her declaration to the court, “Independents have a direct and immediate interest in the outcome of this litigation. CUIP believes that this litigation is of national significance and if plaintiffs prevail it will encourage partisans in other states with some form of open primary to seek to close them.”

“We’re looking for free choice here. We believe that every person should have the right to vote for the candidate of their choice in every election,” said Campbell. “Closing the primaries is a move by a hard-line faction within the party to control the candidate selection process at the expense of democracy.”

Today’s decision comes one day after neighboring Washington State conducted its “top two” primary. Oregon state voters have placed an initiative on the ballot to create a system similar to Washington’s.

Legal papers available upon request.
For more information:
CUIP (http://www.independentvoting.org/) is a national strategy center and organizing hub for independent voters with headquarters in New York City.

CUIP, 225 Broadway, Ste. 2010, New York, NY 10007
Sarah Lyons: 917-658-9885

AIM, PO Box 1785, Twin Falls, ID 83303
Mitch Campbell: 208-731-2345

Independents to intervene in Idaho primary lawsuit

By JOHN MILLER Associated Press Writer • Published August 20, 2008

The Olympian

A group of independent voters won a federal judge's permission Wednesday to join a court fight over Idaho's open primary elections.

U.S. District Judge B. Lynn Winmill ruled that lawyers for the American Independent Movement of Idaho and the New York-based Committee for a Unified Independent Party could intervene on behalf of Secretary of State Ben Ysursa, who is defending Idaho's 36-year-old system..... (read more in The Olympian)

Idaho independents file intervention in closed primary lawsuit

Idaho Statesman
07/02/08

Eleven voters from Idaho who aren’t affiliated with a political party said they filed paperwork in federal court hoping to help the state of Idaho fend off efforts by the Republican Party to close the state’s GOP primary elections.

The residents, as well as two groups, the American Independent Movement of Idaho and the Committee for a Unified Independent Party, argue they’ll be deprived of their right to vote if the Republican Party wins its lawsuit against Idaho in U.S. District Court.

A judge still must decide whether to allow them to intervene.

Mitch Campbell, founder of the American Independent Movement of Idaho, says he’s “looking for free choice” and believes every person should have the right to vote for the candidate of his or her choice in every election.

Idaho voters should not be forced to join a party to vote!

"Idaho doesn't have Democrats and Republicans, Idaho has voters," attorney Harry Kresky told The Associated Press. "Just like people have the freedom of association - to become members of a group and have closed events - there is also the freedom of non-association. I don't think every voter in Idaho should be forced take part in partisan registration."


"The Republicans really did the Independents a favor - we didn't have a hot button issue until this came along to fire the Independents up," American Independent Movement organizer Campbell said. "It's really helped us as an organizing tool."

Idaho State Rep. Elaine Smith votes no on HB 185

From Elaine Smith, state representative from Pocatello: Another bill in House State Affairs last week was the print hearing on semi-open primary elections. If this bill would pass, people who vote in the primary would have to declare a political party. The modification to this bill from a previous bill would allow the political parties to notify the Idaho Secretary of State's Office between Nov. 1 and Nov. 30 of the odd-numbered years if they intended to allow independent voters to vote in their political party primary. I did vote no because I believe this bill would disenfranchise around one-third of Idahoans, who state they are independents. I would encourage anyone interested in this issue to read House Bill 185 online at www.legislature.idaho.gov.

You might remember that Idaho independent Mitch Campbell from Twin Falls testified at the hearings last week that 37% of all Idaho voters are independent.

Idaho: Independent leader Mitch Campbell speaks out in opposition to closed primaries

Idaho’s Closed Primaries Bill: Why It’s a Con
By Jill Kuraitis, New West Politics ...Citizen Mitch Campbell from Twin Falls testified that he, along with about 37% of all Idaho voters, are independent of political parties. “Apparently you know we’re there, but you don’t know who we are. I don’t see anyone in this room who represents the independent voter. We do have a lot of political swing.”
In fact, independent voters are the deciding group in a great many Idaho elections. It’s baffling that Republicans want to exclude them from voting, since independents nearly always break toward Republicans and ensure their elections. ...