Hawaii Petition
This matter arises from the Democratic Party of Hawaii’s contention in the Hawaii District Court that Hawaii’s “Open Primary” law is facially unconstitutional under the United States Constitution’s First Amendment guarantee of Associational Rights. The District Court held that the impact of the Open Primary on the Associational Rights of the Democratic Party of Hawaii is a factual matter, and the Ninth Circuit has agreed.
The question is: Can the impact of Hawaii’s Open Primary law on the Democratic Party of Hawaii’s Associational Rights be adjudged as a matter of law, in light of previously-decided cases, or is the impact of Hawaii’s Open Primary law on the Democratic Party of Hawaii’s Associational Rights a matter of fact, to be proved on the record through evidence?
CLICK HERE to read the 69 page (PDF) Hawaii Petition.
Montana Petition
The Question Presented: Whether State-mandated Open Primaries, which require members of a Political Party to join with non-members when selecting Party nominees, severely burdening a Party’s First Amendment Associational Rights as a matter of law.
CLICK HERE to read the 94 page (PDF) Montana Petition.
This could get taken up by the new Supreme Court.
My solution, that I have spoken with Election Boards and at Voting Conferences about, is to separate the Primary ballots, so the Party's Officials Election is on a separate ballot that only Party members vote on, from the Open Primary ballots for Congressional, State, and Local Elections.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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