Subject: Cynthia McKinney and open primaries
From: Rick Hasen
Date: 8/20/2002, 10:30 AM
To: "election-law@majordomo.lls.edu" <election-law@majordomo.lls.edu>
Reply-to:
rick.hasen@mail.lls.edu

I have heard anecdotal reports of friends from Georgia that there has
been a lot of cross-over voting in the Georgia primary in the primary
race between Cynthia McKinney and Denise Majette.  (This race has
received a great deal of national coverage because of the role that
Middle East politics has played in the race---supporters of Israel have
been opposing McKinney.)  According to one friend who voted this
morning, just about everyone in his district was voting in the
Democratic primary (even though his district contains a fair number of
Republicans).

One wonders what Justice Scalia would make of this "infringement" on the
right of the Democratic Party to choose its own nominee, despite his
statement in CDP v. Jones that the question of the constitutionality of
the open primary imposed against the wishes of a party was not at issue
there.

--
Rick Hasen
Professor of Law and William M. Rains Fellow
Loyola Law School
919 South Albany Street
Los Angeles, CA  90015-1211
(213)736-1466 - voice
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html