Hawaii is an Open Primary state. Hawaii voter registration forms do not ask the applicant to choose a party, and on primary day, any voter is free to vote in any party’s primary.
On August 22, 2013, the Hawaii Democratic Party submitted an affidavit to a U.S. District Court that is hearing the party’s lawsuit against the open primary. The Hawaii Democratic Party had argued that an open primary is facially unconstitutional, which means that it is always unconstitutional, as applied to any party.
On November 14, U.S. District Court Judge J. Michael Seabright ruled against the Hawaii Democratic Party, in Democratic Party of Hawaii v Nago. The decision says that the Democratic Party would need to provide evidence that the open primary harms the Democratic Party. The decision points out that some Hawaii political parties might want to keep an open primary.
Applied challenge cases depends on evidence that the parties who filed the lawsuits were being harmed
This court stated they cannot consider the Democratic Party of Hawaii’s challenge without analyzing proof of a burden.
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On December 12, the Hawaii Democratic Party filed a notice of appeal in Democratic Party of Hawaii v Nago, the case over whether the party can close its primary so that only party members can vote in its primary. The U.S. District Court had upheld the open primary on the grounds that the party had not proved that the open primary results in non-members voting in its primary, or that if non-members do vote in its primary, that the party hasn’t showed this harms the party.
NYC Wins When Everyone Can Vote!
Michael H. Drucker
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