Congressional Digest

Supreme Court Debates October 2005 No. 7 Vol. 8
Opinion of the Court

Election Participation

The Constitutionality of State Bans on Open Primaries

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Opinion of the Court

States Can Prohibit Open Primaries

Oklahoma has a semi-closed primary system, in which a political party may invite only its own party members and voters registered as independents to vote in the party’s primary. The court of appeals held that this system violates the right to freedom of association of the Libertarian Party of Oklahoma and several Oklahomans who are registered members of the Republican and Democratic parties. We hold that it does not.Oklahoma’s Burden on AssociationThe Constitution grants States "broad power to prescribe the `time, places, and manner of holding elections for Senators and Representatives,’ which power is matched by State control over the…

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