[EL] Good-faith party affiliation

[Doug Spencer]

Thanks, Richard. All of these cases appear to deal with parties excluding
*candidates* for lack of good faith affiliation. Do you know if there are
similar laws and cases about parties excluding *members* from the party
registration list for lack of good faith affiliation?

Thanks,
Doug

On Wed, Apr 15, 2015 at 3:45 PM, Richard Winger <richardwinger at yahoo.com>
wrote:

> 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
> <http://law.justia.com/codes/connecticut/2013/title-9/chapter-143/section-9-60>) permits
> the party to remove members for lack of "good-faith affiliation" with the
> party.
>
> News coverage of the hearing is here
> <http://www.newstimes.com/local/article/Brookfield-couple-states-their-case-to-remain-in-6190608.php>
> .
>
> 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. Spencer*
> *Associate Professor of Law & Public Policy*
> University of Connecticut
> 315 Chase Hall
> 55 Elizabeth Street
> Hartford, CT 06105
> http://www.dougspencer.org
> <https://outlook.office365.com/owa/?realm=uconn.edu>
>
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