[EL] Calif. voter registration form relative to choice of political party

[Richard Winger]

Yesterday I sent an e-mail to this list, with my blog post about the four-page 9th circuit opinion in Independent Party v Padilla, and a link to that opinion, which implied that the party is fraudulent.
The California voter registration form first asks applicants if they wish to disclose a party preference.  That is a question with a "Yes" checkbox and a "No" checkbox.  The form then directs people who checked "yes" to go to a list of the qualified parties, each with a checkbox.  There is also a blank for "other" with its own checkbox.
The lawsuit was filed on behalf of voters who have said on their forms that they do want to join a party, and the party then want to join, by their own handwriting (or electronic keyboard entry, if using the on-line form), is the Independent Party.  There are voters who want to be part of a party that represents independent voters.  Such parties, named "Independent Party" are currently on the ballot in Oregon, Louisiana, Connecticut, Delaware, and Florida, and in recent years have been ballot-qualified in Arkansas, Hawaii, Maryland, New Mexico, North Carolina, South Carolina, and Utah.  There is nothing illegitimate about a party named the Independent Party.

The 9th circuit ignored every precedent from other states about the ability of parties to choose their own names, and wouldn't apply strict scrutiny.  I feel the ability of members of a party to choose their party's name is entitled to greater protection than the 9th circuit felt, unless the party name is clearly designed to fool people, such as the "Republicsons" Party which tried to get on the Iowa ballot in 1954.

Many members of this list are vitally interested in First Amendment issues as they relate to elections, and I am hoping people will comment on the decision.  Also I hope Rick Hasen will mention the decision in his blog. Richard Winger 415-922-9779 PO Box 470296, San Francisco Ca 94147
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