[EL] Good-faith party affiliation

Richard Winger richardwinger at yahoo.com
Wed Apr 15 12:45:45 PDT 2015


New York has one.  Also Alabama major parties routinely bar candidates from their primary on the grounds that the party doesn't think they are sincere members, and the Alabama state and federal courts generally uphold the parties.  See Alabama Republican Party v McGinley, 893 So 2d 337 (2004); Swanson v Pitt, 330 F Supp 2d 1269 (m.d.Al 2004); Dow v Alabama Dem. Party, 897 So 2d 1035 (2004).
Also Hawaii state courts permit parties to remove candidates from their primary ballots.  The Green Party went to court to keep some pro-life candidates out of its primary.  The party successfully argued that any candidate who wants to forbid abortion is not a bona fide party member because that stance contradicts the party platform.
 Richard Winger
415-922-9779
PO Box 470296, San Francisco Ca 94147
      From: Doug Spencer <dougspencer at gmail.com>
 To: "law-election at uci.edu" <law-election at uci.edu> 
 Sent: Wednesday, April 15, 2015 12:24 PM
 Subject: [EL] Good-faith party affiliation
   
The Connecticut Republican Party recently called an "exclusion hearing" for a married couple that the party believes are not sincere members. The wife ran for local office as a Democrat, both donated money to a Democratic PAC and attended the Democratic headquarters on election night in 2013, etc.. State law (Conn. Gen. Stat. § 9-60) permits the party to remove members for lack of "good-faith affiliation" with the party. 
News coverage of the hearing is here.
Does anybody know how many states have a "good-faith affiliation" law? I suspect that many parties have similar clauses in their bylaws, but I'm curious how many states have enacted these restrictions into law.
Thanks in advance for any leads.Doug

-----Douglas M. SpencerAssociate Professor of Law & Public PolicyUniversity of Connecticut315 Chase Hall55 Elizabeth StreetHartford, CT 06105http://www.dougspencer.org
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