US District Court Judge Jed Rakoff today issued an
order, instructing the NY State Board of Elections to
take all necessary steps to ensure that non-enrolled
voters are able to participate in Independence Party
primaries.  State Committee of the Independence Party
of NY v Berman, southern dist., 03 civ 4123.  An
opinion will issue next week.

This was no surprise, since in 1986 the US Supreme
Court ruled in Tashjian v Republican Party of Ct. that
parties are free to invite independents to vote in
their primaries.  The only surprising thing was that
New York state forced the New York Independence Court
to go to court.  No political party in the past in NY
has ever invited independents to vote in its primary,
so this is something new for New Yorkers.

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