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Proponents of Letting Independent Voters Vote in All California Presidential Primaries Vow to Appeal State Appeals Court Decision
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California State Appeals Court Rules that Independent Voters Have No Constitutional Right to Participate in Partisan Presidential Primaries
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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 i