DUers, Please, is this a good legal argument to stop the recall?

The Zanti Regent

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Fri Aug-15-03 11:18 PM
Original message

DUers, Please, is this a good legal argument to stop the recall?

In 1996, California passed a Open Primary Proposition, which took effect in 1998.

The Open Primary law listed all party candidates on the ballot for an office, you could vote for anyone.

The Supremem Court threw out California's Open Primary Law, stating it was unconstitutional.

If that law is unconstitutional, than how can the recall replacement law be constitutional, because everybody irregardless of party is on that ballot.

Please DU, am I on the right track to throw the replacement part of the recall law out?

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TiredTexan

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Fri Aug-15-03 11:22 PM
Response to Original message

1. Do you have a

case cite or recall the reason the court threw out the open primary law? Was it the US Supreme Court or the California Supreme Court that threw it out?

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nothingshocksmeanymore

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Fri Aug-15-03 11:23 PM
Response to Reply #1

3. It was USSC

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nothingshocksmeanymore

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Fri Aug-15-03 11:23 PM
Response to Original message

2. Sorry apples and oranges. Other open primary laws in other areas

survived. I don't recall the Supreme Court's reasoning for tossing the law but one dealt with national parties and the other is the enforcement of a section of the state constitution.

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TiredTexan

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Fri Aug-15-03 11:32 PM
Response to Reply #2

4. Well, I dug around

and tried to find my Westlaw password with no luck, so I couldn't look up the case to determine its basis. I'll try with a general web search.

I suspect, however, that "Nothingshocksmeanymore" is correct though, but won't know till I read the case law.

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TiredTexan

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Fri Aug-15-03 11:39 PM
Response to Original message

5. Proposition 198 was overturned

by the USSC in California Democratic Party v. Jones on the basis that it violated the party's 1st Amendment right to free association. The court found that in order to allow a voter to vote in any party primary, the voter must be listed as unaffiliated.

Given that the recall is not a primary, but rather a general election, this opinion will be inapplicable.

I'm a Texas (not California) lawyer, but the federal constitutional principles are the same in every state.

Good thought, though.

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