Tuesday, December 9, 2003
Judge panel reinstates state's open primaries
Register to vote
* The ruling applies to the Sept. 7 Democratic and Republican primaries for state and county offices.
* Voters can register for that election until Aug. 9, 2004.
* Register to vote at the Pima County Recorder's Office, 115 N. Church Ave., or find a list of other sites at
www.recorder.co.pima.az.us/
* Call the Recorder's Office at 740-4330 for voter information.
* The ruling does not apply to the Democratic presidential preference election to be held Feb. 3 in Arizona. Democrats only can register to vote in that election until Jan. 5.
|
By Howard Fischer and C.J. Karamargin
CAPITOL MEDIA SERVICES ARIZONA DAILY STAR
Arizona's more than 500,000 independent voters are free to cast ballots in September's primaries, an appeals court ruled Monday.
The 9th U.S. Circuit Court of Appeals threw out part of a year-old ruling by a federal judge in Tucson that voided the state's open-primary law.
"It opens the door for independents to vote in all primary elections - Democrats, Republicans and Libertarians," said Attorney General Terry Goddard.
The unanimous ruling does not affect the state's Feb. 3 Democratic presidential preference election, which is governed by a separate statute. Voting in that election is limited to registered Democrats.
In an unsigned opinion, the judges said U.S. District Judge Raner Collins should have limited his decision solely to objections to the open primary brought by the Libertarian Party.
The court agreed with the Libertarian argument that independents should not be allowed to vote for local party organizers known as precinct committeemen. But it could not decide whether Libertarians also must be forced to let independent voters help choose the candidates for the party. The judges sent the case back to Collins for another hearing.
"It's a win for the Libertarian Party and for the First Amendment," said David T. Hardy, lawyer for the Libertarians.
The director of elections for Pima County agreed but said the impact of the ruling is not likely to be large.
"It's a small blip on the radar screen for election administration," Brad Nelson said.
Until 1998, voters needed to register with a specific party to vote in that party's primary. An initiative opened the process.
Collins, ruling in the lawsuit brought by the Libertarian Party, had said that while the goal of increasing political participation is laudable, the state cannot force the procedure on unwilling political parties.
* Contact reporter C.J. Karamargin at 573-4243 or at cjkarama@azstarnet.com.
