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.”

Gary Allen: Idaho Could Move to "Top Two" Primary Like Washington or California

IDAHO CLOSED PRIMARY SNAFU

• Closed primary legislation hits snag in Idaho House (Betsy Z. Russell The Spokesman-Review) Allen said there are plenty of other options for complying with the court decision without requiring party registration. Idaho could move to a “top two” primary, like Washington. Or it could let parties that want to close their process hold conventions or caucuses at their own expense.
• One major bill that still needs to be heard in the House is the closed primary bill (By KATHERINE WUTZ, Idaho Mountain Express) Sen. Michelle Stennett, D-Ketchum, said she voted against the bill when it came before the Senate on the grounds that it undermines the political process.

LOCAL INDEPENDENT RUNS

• Independent Ogilvie is surprise aldermanic victor in St.Louis (By DAVID HUNN, St. Louis Dispatch) Ogilvie, a freelance graphic designer and Big Shark bike shop worker, promised change, responsiveness and transparency, voters said Tuesday. He is one of a few independents ever elected in the city.
• Jesse Ventura To Run For Vice President? (contactmusic.com) Jesse Ventura's publicist has confirmed that the 59-year-old former professional wrestler is considering entering the race for the 2012 Presidential elections as Ron Paul's running mate, reports Fox News.

REDISTRICTING

• Asian Immigrants In Queens Prepare For Redistricting Battle (By Cristina DC Pastor, Feet in 2 Worlds - Telling the Stories of Today's Immigrants) In New York’s case, redistricting is conducted by the state legislature, though Governor Andrew Cuomo and former New York City Mayor Ed Koch are among those trying to change the rules and establish a non-partisan independent redistricting commission. Mollenkopf noted how in the borough of Queens — specifically the Jackson Heights/Corona area — Asians tend to be juxtaposed between white and black neighborhoods and other ethnic communities. In an arrangement like this, he warned, Asians will be “manipulated by the [redistricting] process and played off against each other.”
• Advocates bring out the snakes to slam Va. politicians’ redistricting plans (By Rosalind S. Helderman, Washington Post/Virginia Politics) “If we look at the lines, we’re seeing donkeys and elephants, drawing dragons and snakes,” said Doug Smith, head of the Redistricting Coalition that is urging a bipartisan redistricting commission.
• Koch Expands On Senate Republicans’ “Dishonorable Act” With Redistricting Reform (By Allen Houston, City Hall News) “After the Republicans win a majority, they decide that they’re going to renege on the promise. I went to Albany and Skelos saw me and I said, ‘Are you walking away from this bill?’ He said, ‘Yes.’ He was honest. He said, ‘We’re going to do a constitutional amendment instead.’ A constitutional amendment is ridiculous.”

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.

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.

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 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

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.