[EL] Legality of Primary Raiding?
David Segal
david at demandprogress.org
Sun Feb 9 00:24:41 PST 2020
I'm sure it's operated in other races since, at least at state level, but
this is a resurrection of tactics I think were most prominently deployed in
'88, meant to sow confusion and resentment more than to tip a race.
https://www.nytimes.com/1988/03/31/us/chance-for-gop-mischief-in-wisconsin-vote-arises.html
Another effect that is probably operating right now, because there is no
meaningfully R primary, is that there'll probably be a substantial organic
presence of Rs/R-leaning independents in the D open primaries this cycle.
Post-2016 the left substantially concluded that open primaries are good for
progressive candidates, since Bernie did better in such primaries.
But last cycle Rs/R-leaning independents tended to vote in R primaries in
open states. On average, even if there are a few Rs/R-leaners who try to
disrupt the D primary by voting for the person they think is least
electable in a general, my supposition would be that on the whole there
will be more relative conservatives voting in D open primaries who are
earnestly voting for the candidate they actually like best. So it could
augment the electorate in a way that hurts the left.
Has anybody studied this? I know that some Dean people blame this effect
for having helped undermine his candidacy in 2004.
On Sat, Feb 8, 2020 at 6:55 PM weichpm <weichpm at earthlink.net> wrote:
> Yale, can you please provide us with a cute or to?
>
>
>
> Sent from my Verizon, Samsung Galaxy smartphone
>
>
> -------- Original message --------
> From: Yael Bromberg <Yael.Bromberg at law.georgetown.edu>
> Date: 2/8/20 4:48 PM (GMT-07:00)
> To: Election Law Listserv <law-election at uci.edu>
> Subject: [EL] Legality of Primary Raiding?
>
> Good evening,
>
> I saw reports today that members of one party are being openly encouraged
> to raid an open primary held by another party in an effort to skew results.
>
> My question is: Is this legal? I have not studied this particular issue
> closely, but it rings of a violation of the associational rights of the
> party holding the primary, and practically it sounds like a form of fraud.
> Are citizen oaths required before engaging in open primaries?
>
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