Friday, March 29, 2024
Hawai'i Free Press

Current Articles | Archives

Monday, August 15, 2016
Full Text: 9th Circuit Rejects Hawaii Democrats Closed Primary Suit
By News Release @ 7:40 PM :: 5698 Views :: Democratic Party, Office of Elections

SUMMARY

9th Circuit Court, August 15, 2016

The panel affirmed the district court’s summary judgment in favor of Scott Nago, in his official capacity as Chief Election Officer of the State of Hawaii, in an action brought by the Democratic Party of Hawaii challenging Hawaii’s open primary system on the grounds that allowing registered voters to participate in any party’s primary without formally joining or declaring support for that party, severely burdens the Democratic Party’s First Amendment associational rights.

The panel first noted that the extent to which Hawaii’s open primary system burdens the Democratic Party’s associational rights is a factual question on which the Party bore the burden of proof. The panel held that the Party had not developed any evidence to meet this burden. The Party provided no evidence showing a clear and present danger that adherents of opposing parties determine the Democratic Party’s nominees. Nor had the Party shown that Hawaii’s open primary system causes Democratic candidates to moderate their policy stances. The panel concluded that absent evidence that Hawaii’s system affects the Party’s ability to select its nominees, the Party’s facial challenge failed

PDF: Court Ruling

79% YES -- Should voters in Hawaii be able to vote for a party in the primary election without formally joining the party?

AP: Federal appeals court upholds Hawaii’s open primary 

IVP: Is The Tide Turning? Ninth Circuit Upholds Open Primaries in Hawaii

  *   *   *   *   *

NINTH CIRCUIT UPHOLDS HAWAII’S OPEN PRIMARY ELECTIONS

News Release from Hawaii Attorney General, Aug 15, 2016

HONOLULU –  In a published opinion issued today, the Ninth Circuit Court of Appeals upheld Hawaii’s practice of holding open primary elections. The Democratic Party of Hawaii had sued the state office of elections in 2013 and sought to limit participation in the Democratic primary election to registered Democrats only.

The Ninth Circuit ruled that the Democratic Party did not show that the open primary system burdens its associational rights. The Party offered no evidence that the open primary impacted its candidates or messages. The Ninth Circuit noted that Hawaii’s voters may vote in only one party’s primary election.

The case, Democratic Party of Hawaii v. Nago, was originally filed in the federal district court of Hawaii. In November 2013, Judge J. Michael Seabright ruled in the State’s favor, upholding the open primary. The Democratic Party appealed. The Ninth Circuit heard oral arguments in May 2016.

“The open primary is part of Hawaii’s commitment to make voting easier and to include more persons in the democratic process,” said Attorney General Doug Chin. “This ruling keeps Hawaii’s primary elections open to all registered voters, regardless of their formal party affiliation.”

This ruling has no effect on the 2016 primary or general elections. A copy of the court’s opinion is attached.

---30---


Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT