[EL] new KSSEN lawsuit

[Dan Meek]

Rick Hasen writes:  "There seems to me to be a very strong First 
Amendment claim of the party not to choose a replacement.  There are a 
number of races in KS where Democrats or Republicans are not choosing a 
candidate. To require a political party to pick a candidate when it 
doesn't want to do so seems to interfere with the right of a political 
party."

This would appear to be contradicted by the U.S. Supreme Court's 
decisions in _Washington State Grange v. Washington State Republican 
Party_ and related cases.  There, with a top two primary, each party was 
faced with having candidates on the primary and general election ballots 
who are individually identified with the name of the party, even though 
(1) those candidates may be complete strangers to the party and (2) the 
party had no say in placing those candidates on either the primary or 
general election ballot.

The U.S. Supreme Court and Ninth Circuit disregarded the First Amendment 
arguments.

Dan Meek

	503-293-9021 	dan at meek.net <mailto:dan at meek.net>	866-926-9646 fax



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