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ARTICLE · 15 JUNE 2001

Supreme Court Tosses Blanket Primary Law

United StatesLitigation, Mediation & Arbitration
Steven Churchwell
Steven Churchwell

The United States Supreme Court struck down California's "blanket primary" law on June 26, ruling that political parties have a constitutional right to choose their nominees for the general election ballot. The ruling restores California’s closed primary system. The win for parties’ rights was a blow to voter participation. An extra 1.5 million of them went to the polls this year for the state's March primary election, due in large part to the increased turnout of independent voters, who traditionally were shut out of the party nominating process.

There are four types of primaries in the United States. In a traditional "closed" primary, a voter must register in advance as a Republican, Democrat, Libertarian or other party member and on primary day can choose only from among candidates listed on that party’s ballot. Independent or "decline to state" voters are shut out of the process.

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