CA Rep Party Wants to Exclude Independent Voters from Primaries

The California Republican Party holds a statewide meeting in Riverside County, September 25-27. The meeting will consider a change that has been rejected by the party repeatedly during the last decade. The proposed rule change would say that independent voters could no longer vote in the party's non-presidential primaries for public office.

If the party votes for this exclusionary change, it might be required to seek the approval of the U.S. Justice Department. California is partially covered under Section 5 of the Voting Rights Act, because Monterey, Kings, Merced and Yuba Counties are covered.

The U.S. Supreme Court ruled in (Lopez v Monterey County, 525 US 266 - 1999) that a state that is partially covered by section 5 is, in effect, wholly covered.

The U.S. Supreme Court ruled in (Morse v Republican Party of Virginia, 517 US 186 - 1994) that section 5 of the Voting Rights Act covers political party rules changes, when that rules change affects who can vote in a party nomination procedure.

Update
On September 11, Jon Fleischman, a vice-chair of the California Republican Party, announced that he has withdrawn his agenda item from the upcoming state party meeting, that would have barred independent voters from voting in Republican Party primaries (for all public office except President). Fleishman had been trying to pass his idea for the last several years, without success. Thanks to Ballot Access News and Steve Rankin for this update.

Michael H. Drucker
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