Monday, October 27, 2014

Louisiana Jungle Primary System


Since 1977 state elections in Louisiana have used a jungle primary system, which in Louisiana has become known as an "open" primary, where all the candidates for an office run together in one election in November.  If someone gets a majority, 50% + 1, that individual wins outright, otherwise, the top two candidates, irrespective of partisan affiliation, meet in a runoff election in December.  The jungle primary is used for state, parish, municipal, and Congressional races, but is not used for presidential elections.

The December Run-Off happens more often with open seats, as incumbents more easily win majorities.  The runoff constitutes the general election under Louisiana law.  The only labels originally permitted under the Louisiana law were Democrat, Republican, and No Party; however, as of 2008 the labels of any "registered political party" may be used.  The primary has been used in statewide elections since 1975.  The system was designed by then Governor Edwin Edwards after he had to run in two grueling rounds of the Democratic Primary in 1971 before facing a general election against a well-funded and well-rested Republican, Dave Treen, who himself was elected governor under the new system in 1979.

The nonpartisan blanket primary was never used for presidential primaries in Louisiana because national party rules forbid it.

Starting in 1978, U.S. House and Senate elections were switched to the nonpartisan blanket primary format.  Yet this system was held to be in violation of federal law when used for congressional elections in 1997 by the U.S. Supreme Court in Foster v. Love.  After the decision, Louisiana moved the congressional primary date to November and the run-off to December in order to keep the nonpartisan blanket format.  However, any congressional race involving a general election runoff meant the winning candidate lost seniority to those members elected in November on the national election day, leaving Louisiana's freshmen saddled with inferior office space.

Since Louisiana's primary is virtually identical to the Washington state primary system which has been upheld by the Supreme Court in 2008 in Washington State Grange v. Washington State Republican Party, it thus remains constitutional.

Using Rank-Choice Voting would remove the need for the run-off.  With this change, I found the system of voting I have been looking for.










NYC Wins When Everyone Can Vote!

Michael H. Drucker
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