[EL] new KSSEN lawsuit

[Dan Meek]

Correction:  The U.S. Supreme Court did not disregard the First 
Amendment arguments but held that the First Amendment did not protect 
any party from the results of the top two primary system:  Having 
candidates on the ballot individually identified with the party's name, 
where the party had no say in placing those candidates on the ballot.

Dan Meek

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



On 9/19/2014 3:05 PM, Dan Meek wrote:
> 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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