Subject: [EL] FREE SPEECH/FREE ASSOCIATION: WHAT'S IN A NAME?
From: Salvador Peralta
Date: 4/9/2011, 10:12 AM
To: "election-law@mailman.lls.edu" <election-law@mailman.lls.edu>

Next week, the Oregon State legislature will hear a bill to ban political parties from using the word "independent" to describe themselves.  This legislation seems intended to force the Independent Party of Oregon, the state's third-largest political party, to either change its name by the end of the year, or else lose its entire 65,000 person membership.

http://www.leg.state.or.us/11reg/measures/hb2400.dir/hb2442.intro.html

I am curious to know whether folks on the list believe that enacting such a law would be permissible under the U.S. Constitution.

Best,

Sal Peralta


For those who are curious about the "Independent Party" I have included a brief background and links to some of the news coverage.


HISTORY

The Independent Party was formed in response to legislation that passed in 2005, that removed the word "independent" from the state's ballot and voter registration cards and that made it more difficult to run for public office as a non-affiliated candidate.  The party was first recognized as a ballot-qualified party in January, 2007.  It has nominated candidates in each of the last 2 elections.  Last year, the party became the first Oregon political party to conduct a primary election at its own expense in more than 100 years.  The election included candidates of both major political parties, including the current Governor and 30 of Oregon's 90 sitting legislators, many of whom prominently display their Independent Party nomination in communications during the General Election.  

http://en.wikipedia.org/wiki/Independent_Party_of_Oregon


PRESS BACKGROUND

Independent Party Growing Fast in Oregon - OPB

http://news.opb.org/article/independent-party-growing-fast-oregon/


Lots of Legislative Candidates want Independent Party Nomination - Oregonian

http://www.oregonlive.com/politics/index.ssf/2010/06/lots_of_legislative_candidates.html


Independents: The third way - Democrat-Herald

http://www.democratherald.com/news/opinion/editorial/article_3c9c4138-7264-11df-9519-001cc4c002e0.html


Independent Party Gaining Clout
http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20100612/OPINION/6120304/-1/NEWSMAP

Candidates Woo Independent Party - News-Times
http://www.forestgrovenewstimes.com/news/story.php?story_id=127909331821056200

Voting Kicks off in Independent Party Primary - OPB
http://news.opb.org/article/voting-kicks-independent-partys-online-primary/

Kitzhaber Wins Independent Party Primary Nod - AP
http://www.katu.com/news/local/99681579.html

Independent voters leave their mark in Oregon - Ashland Daily Tidings
http://www.dailytidings.com/apps/pbcs.dll/article?AID=/20101108/NEWS02/11080308/-1/NEWSMAP

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