Congressional Digest

Supreme Court Debates October 2005 No. 7 Vol. 8
Andrea L. Beaver, et al., Respondents

Election Participation

The Constitutionality of State Bans on Open Primaries

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Andrea L. Beaver, et al., Respondents

James C. Linger, Counsel of RecordIn 2000, the Libertarian Party of Oklahoma had only 360 registered members. In order to attract greater interest in its political activities, the party decided to challenge a State law prohibiting it from opening its primary to members of other parties. After a Federal district court ruled against the party and 15 Oklahoma registered voters, they appealed to the Tenth Circuit Court of Appeals, which ruled in their favor on April 6, 2004, mandating that Oklahoma allow open primaries. The State of Oklahoma appealed to the U.S. Supreme Court, which granted certiorari on September 28,…

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