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.

Independent Voters Lead National Election Reform Campaign

National Conference Call for Independents.  Every six weeks, CUIP president Jacqueline Salit hosts America's largest ongoing national call for independents. She provides updates about what independents are doing around the country and how the movement is growing. Get connected, hear updates.
Next call: Monday, March 28 - TODAY
Title: They Want Our Votes. But Do They Want to Listen to Us? A Campaign for Congressional Hearings into the Second Class Status of Independent Voters
Sign up here.



PROP 14
State GOP tries to craft its own mail-in primary before Prop 14. takes effect (By Seema Mehta, Los Angeles Times) After a contentious battle, Republicans settle on a strategy to blunt the effect of new open-primary law. They'll survey all GOP voters by mail and the top vote-getter will be the party's official candidate.

SHOULD VOTERS PAY FOR INTERNAL PARTY ELECTIONS?
Tighter ballot can bring big savings (Erica Felci, The Desert Sun) In 2008, 53 percent of the candidates on Riverside County's June ballot were central committee candidates. They comprised 40 percent of the county's primary ballot last year, according to an analysis published last week in the San Diego Union-Tribune. Now an effort is starting, led by the San Diego registrar, to take such candidates off the regular ballot and instead create a separate selection process.

IDAHO CLOSED PRIMARY RULING
Judge rules Idaho Republicans have right to close primary (By Jeff Mapes, The Oregonian) But closing the primary in Idaho is more complicated than it is in Oregon, where voters register by party (or declare themselves non-affiliated).  In Idaho, as in Washington, voters don't register by party and voters have long been accustomed to simply choosing whether to cast a Republican or Democratic primary ballot.
NOTE: Independents will appeal the ruling in Idaho

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)

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.

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