The Independent View: Another FL County Wants to Allow Independents to Vote in Democratic Primaries

The Brevard County Democratic Executive Committee has Overwhelmingly Approved a Resolution, urging the Florida Democratic Party to allow Nonpartisan Voters (NPA) to Cast Ballots in the State's Democratic Primaries, beginning in 2020.

Currently, Florida has a Closed Primary System, meaning Only Democratic Voters can Vote in a Democratic Primary and only Republican Voters can Vote in a Republican Primary.

In Brevard, there are: 179,351 Registered Republican Voters; 130,765 Registered Democrats; 111,103 No Party Affiliation Voters; and 5,414 Members of Minor Political Parties, a Total of 426,633 Registered Voters.

It is those 111,103 NPA Voters, representing 26% of the Electorate, who would be Affected by the Proposal, as they would be able to Vote in a Democratic Primary, if this Initiative becomes Reality. However, as is currently the Case, the Proposal would Not Allow NPA Voters to Run for Office in a Democratic Primary.

During Wednesday's Vote of Brevard Democratic Precinct Committeemen and Committeewomen, 82 supported the Proposal, One Opposed it, and One Abstained.

"The overwhelming support for this resolution is an emphatic statement by local Democrats that we support the fundamental right of every American to vote in every election," Brevard Democratic Executive Committee Chair Stacey Patel said in a Statement after the Committee's Vote. "This resolution is only one step toward building the political will across Florida to open our Democratic primaries, and the process may take much longer than we’d like." In the meantime, Patel said: "We wholeheartedly encourage nonpartisan voters to register with their party of preference to ensure they are not excluded from Florida’s closed presidential primaries in 2020."

Patel said she is hoping the Proposal could be considered by the Florida Democratic Party State Executive Committee or its Rules Committee later this year. Patel contends that the State Party can Change Party Rules to allow Open Democratic Primaries without a Change in State Law. She cites a 1986 U.S. Supreme Court Case involving Connecticut Election Law, which found that Political Parties have a First Amendment Right to decide Who can and cannot Participate in their Primary Election, including Nonpartisan Voters.

But Florida Democratic Party Chair Terrie Rizzo says what the Brevard Democrats are pushing would Require a Change in State Law. "We definitely should not ignore NPAs, but … the party doesn’t make the determination on who gets to vote in our primary," Rizzo said in a Post on the Brevard Democratic Executive Committee Facebook page.

To which Patel responded: "Things change. Challenging unconstitutional laws is one way to change them. Of course, that begins with establishing an imperative among our own members. I'm not a lawyer, but I believe the Supreme Court found In Tashjian v. Republican Party of Connecticut that political parties have the freedom to associate with independent voters, and decided that states cannot impose a closed primary system because it denies the political party its right under the First and 14th Amendments to freely associate with individuals of its own choosing. So the ball very much appears it could be in our court."

The Open Primary Issue also could wind up in Court, if the Proposal gets Support from the State Democratic Party. Brevard Democratic Executive Committee Secretary Catherine Martinez expressed her Support for the Resolution in a Post on the Brevard Democrats' Facebook page, saying: "Just because it's Florida 'law' doesn't make it right. Many things were lawful at one time, which are now deemed unconstitutional — many of which had to do with voting rights. There is one way to change that. The Florida Democratic Party platform itself supports maximizing and expanding voter participation. Opening primaries is not a reach for 'the party of inclusion.'"

Patel said the Resolution the Brevard Democrats are pushing would have No effect on Republican Primaries in Florida, which would continue to be Closed to NPA Voters.

Previously, the Miami-Dade Democratic Party wants Independent Voters to help Select Democratic Nominees for Governor and Congress, and will push to completely Change the way the State Party holds Primary Elections.

The Local Party, representing the County with the most Registered Democrats in Florida, announced that it is Launching a Campaign to Change the Florida Democratic Party’s Rules for Primary Elections, so NPA Voters can Vote in their Primaries.

Richard says: The party has a First Amendment freedom of association right to decide for itself whether to let independents vote in its primaries; the state government cannot interfere.