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February 5, 08 Republican Primary 'Closed' to 'Decline to State' Voters |
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AV POLITICAL OBSERVER |
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Oct 11, 07 - 1:08 PM |
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This story appears in the October AV Political Observer.
A First Amendment Free Press
February 5, 08 Republican Primary 'Closed' to 'Decline to State' Voters
Re-Registration as Republican Required for Non-Affiliated Voters to Receive Republican Ballot
GOP Primary 'Open' in 04' & 06' Contests
AVPO Staff Report
California law permits unaffiliated (Decline to State) voters to participate in a political party’s primary election if authorized by that individual party’s rules.
This arrangement is referred to a “modified closed primary” and has been the law of the land since January 2001.
For the upcoming February 5, 2008, Presidential Primary Election, Decline to State voters are welcome to participate in the Democratic Party or the American Independent Party Primary, but not the Republican Party Primary.
The state Republican Party’s decision to “close” their primary was made official when they did not file the requisite statement with the Secretary of State’s Office by the September 23 deadline to “open” their presidential primary.
Citizens registered Decline to State wishing to vote in the Democratic Party Primary or American Independent Party Primary this February must request from the L.A. County Registrar/Recorder’s Office, or at the polling place, a Democratic Party or American Independent Party ballot.
Decline to State voters wishing to vote for a republican candidate for president this February must re-register and join the Republican Party no later than January 21, 2008, 15 days prior to the election
History
California practiced a “closed” primary system until March 1996 when voters approved Proposition 198.
Proposition 198 changed the closed system into an “open” or blanket primary.
The “open” primary allowed all registered voters to vote for any candidate, regardless of political affiliation or oath of allegiance.
The “open” system, as implemented under Prop 198, was judged unconstitutional and overturned by the U.S. Supreme Court in June 2000.
The high court ruled, in California Democratic Party, et. al. v. Jones, that Prop 198 violated a political party’s First Amendment Right of Association.
The current status of “modified closed” primary is the result of Senate Bill 28, which took effect on January 1, 2001.
SB 28 gives political parties until 135 days prior to an election to provide written notice to the Secretary of State indicating the adoption of a rule allowing DTS voters to vote the ballot of that individual party.
The Republican Party, along with the Democratic and American Independent, allowed Decline to State voters to vote their party ballot in both the March 2004 Presidential Primary election and the June 2006 Statewide Direct Primary.
The deadline for political parties to submit the requisite paperwork to the Secretary of State’s Office for the June 08 Statewide Direct Primary is January 22.
Decline to State voters may download a registration form or re-register on-line at the California Secretary of State’s website @: www.sos.ca.gov. |
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