The Reason Political Parties Can Let Independents Vote in Their Primaries

Thanks to Richard Winger of Ballot Access News for this post.

Some County Committees of the Florida Democratic Party have recently Resolved that the Party should let Independents Vote in its Primaries.

Although Florida Election Law says Only Party Members can Vote in Primaries, but the U.S. Supreme Court said in 1986 in Tashjian v Republican Party of Connecticut that Parties have a Freedom of Association Right to Invite Independents to Vote in their Primaries, regardless of State Law.

Tashjian v. Republican Party of Connecticut - The Republican Party of Connecticut Alleged that a Connecticut Statute Mandating that Only Registered Party Members could Participate in a Party's Primary Election Violated the Party's Associational Rights as Guaranteed by the First and Fourteenth Amendments to United States Constitution. The Supreme Court of the United States Ruled 5-4 in Favor of Republicans

As recently as April 18th, 2009, the Chair of the Florida Democratic Party, Terrie L. Rizzo, wrote this Comment on a Party Facebook page, “The party doesn’t make the determination on who gets to vote in our primary.”

She has been Chair since 2017. It is believed that since April 18th she has Learned about the Tashjian Decision.










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