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Date: Mon, 23 Sep 2002 10:14:38 -0700
From: ban@igc.org ("Richard Winger")
Subject: political party rights
To: LPUS-CAMP@dehnbase.org (LP business - campaigns)
Reply-To: lpus-camp@dehnbase.org

The preceding post minimizes the extent to which courts have held that party bylaws sometimes do supercede state election codes.

In 1986 the US Supreme Court ruled that parties have a right to invite registered independents into their primaries, no matter what state law says. In 1989 the US Supreme Court said that parties have a right to structure their organizations as they wish, no matter what state election codes say. In 1981 the US Supreme Court said national conventions of parties have a right to refuse to seat delegations even if they were chosen in a state's presidential primary.

And, most dramatically of all, in 2000 the US Supreme Court said that parties don't need to let outsiders vote in their primaries, no matter what state election law says.

Also, the preceding e-mail doesn't acknowledge that the Libertarian Party does nominate by convention in many states, and it works very well. We have nominated by both primary and convention in Nevada and Wyoming. Primaries were compulsory in both states until about a dozen years ago. We have actually done better in both states since the law was changed to let us nominate by convention. We never came close to winning a partisan election in Nevada in the days when Nevada forced us to nominate by primary (before 1987) but we have done so twice since then, and may do very well this year.

In Wyoming, we never got enough votes to stay on the ballot, in the days before 1991 when we nominated by primary. But we have done so in all elections in that state starting in 1994, when we nominated by convention. ----- Original Message -----

> >> >The _official_ LPC endorsement was given by those voting in the
> >> >Libertarian primary and, so far as I can tell (I've browsed some
> >> >California election law) can't be rescinded.
> >>
> >> You are confusing the two.
> >>
> >> The official registered Libertarian endorsement was given by the
voters. > >
> >And that, according to California law -- which is law under which
> >political parties in California are organized -- is the official voice of
> >the Libertarian Party.
>
> As I said... I am not justifying the LPC Bylaws.... nor am I arguing for
them. >
> The comment I will make is I think Libertarians get loony in their
> bylaws... basically passing utopian bylaws as if State laws do not
> exist.


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