[EL] Associative rights

[Sean Parnell]

No states have cancelled primaries. State parties, on the other hand, may
opt to cancel primaries, switch between primaries/caucuses/conventions as
they see fit as a means for nominating candidates, and otherwise exercise
their associational rights independent of the state.

 

For example, in 2012 several state Democratic parties opted not to hold
primaries or conventions. As I recall, the republic endured.

 

Sean Parnell

 

From: Law-election <law-election-bounces at department-lists.uci.edu> On Behalf
Of larrylevine at earthlink.net
Sent: Wednesday, March 11, 2020 7:43 PM
To: 'Election Law Listserv' <law-election at uci.edu>
Subject: [EL] Associative rights

 

I recognize the nature of the situation we face, but does it say anywhere
that a governor, or anyone else, can suspend the associative rights
guaranteed in the first amendment for any reason? If so, could a governor
suspend the right of people, including poll workers, to gather at polling
places on Election Day in areas he or she deems particularly vulnerable to
some virus? Don't tell me it isn't possible in a country where states have
cancelled primary elections to protect the incumbent president, or where the
justice department probably would weigh in on the side of the right to make
the cancellations.

https://www.msn.com/en-us/news/us/governor-bans-large-gatherings-in-greater-
seattle-area/ar-BB1133RV?ocid=spartanntp

Larry

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