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On January 29, a San Bernardino County, California Superior Court issued an opinion in Boydston v Padilla, civ-ds-1921480. This is the lawsuit in which some independent voters challenge the rules for who can vote in California presidential primaries. California law lets each party decide for itself whether to let independents vote in its presidential primaries. Generally the Democratic, Libertarian, and American Independent Parties allow independents to choose their own party’s primary ballot. Generally the Republican, Green, and Peace & Freedom Parties do not (although in 2004, the Republican Party did allow independents).
The court upheld the system. Here is the 14-page ruling. The plaintiffs argue that the California Constitution says the state will hold an “open” presidential primary, and therefore the state must print up a presidential primary ballot listing the candidates of all parties, and must offer this ballot to any independent voter who wants it. But the complete sentence in the California Constitution is, “The Legislature shall provide for partisan elections for presidential candidates, and political party and party central committees, including an open presidential primary whereby the candidates on the ballot are those found by the Secretary of State to be recognized candidates throughout the nation or throughout California for the office of President.” As the decision says, “This Constitutional provision addresses which candidates must be placed on the ballot, not the procedures for voting for the candidates.”