Legal Question in Constitutional Law in California

Voting: Declining to state a party

When I registered to vote I declined to state a party. I did research on each party and I didn't fit into any of them. I do not vote based on political affiliation, nor do I believe anyone should unless they truly belive his/her canidate is the best for the position. Because I declined to state a party am I ''not allowed'' to vote in one party's primary unless ''the party allows it''? I feel I should be able to vote for any party regarless of if they want me to. I feel my right to vote has been violated and that I am being discriminated based on which party (or lack there of) that I associate with. Is there anything I can do about this matter?


Asked on 10/24/06, 10:24 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Voting: Declining to state a party

In California Democratic Party v. Jones, 520 U.S. 567 (2000), the U.S. Supreme Court found that the blanket primary placed a "severe and unnecessary burden on a political party's associational freedom," and therefore rejected the notion. In 2004, voters rejected an initiative to permit an open primary. In essence, the prevailing wisdom is that if you want to choose a party's nominee to stand for election, you must be a member of that party.

Read more
Answered on 10/24/06, 10:38 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Voting: Declining to state a party

I'm afraid not. The U.S. Supreme Court has held that this type of restriction is legal.

Primary elections do not choose the next officeholder, they merely choose each party's nominee. It makes sense to limit participation to a party's own members. Otherwise, many voters would across party lines so they could vote in other parties' primaries in order to sabotage their strongest candidates.

Read more
Answered on 10/24/06, 10:42 am


Related Questions & Answers

More Constitutional Law questions and answers in California