In 2000, the US Supreme Court ruled 7-2 in California
Democratic Party v Jones that it is unconstitutional
for a state to require a party to let outsiders help
choose its nominees.

Now, six years later, that decision seems to be having
larger consequences, for both major party primaries
and minor party ballot access.

The Mississippi Democratic Party, and one unit of the
Virginia Republican Party, have both filed federal
lawsuits to demand a close primary for themselves.  In
both states, there is no such thing as registration
into a political party.

Also, a federal case pending in Pennsylvania uses Cal.
Dem. Party v Jones to argue against the state's ballot
access petitions for the nominees of qualified minor
parties.  Pennsylvania defines "party" to be a group
that polled 2% of the highest statewide winner's vote
in the last election.  In 2004, that threshold was
66,827 votes.  The Libertarian, Green and Constitution
Parties all met that threshold.  The state keeps track
of their registrations, but for ballot access
purposes, treats them as though they weren't
qualified, and demands that each of them submit 66,827
signatures this year on petitions that name their
nominees.  The petition says the signers "hereby
nominate" these nominees (who have already been
nominated in party conventions).

The Constitution and Green Parties argue in their
lawsuit that since the state is unconstitutionally
requiring them to let outsiders help choose their
nominees.  Under Cal. Dem. Party v Jones, this should
not be constitutional.

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