By Jim Shockley, Victor
A few Republican Central Committees have sued the state asking that the Republican primary be closed to all but registered Republicans. The suit is based on the 1st Amendment to the U.S. Constitution; i.e., the right to freely associate. How freer can association be than when anyone can participate in our primary? Derrell Poole, a recent letter writer, has supported the Committees.
The Constitution does not address the issue of political parties. Therefore it must be a power reserved to the states by the 10th Amendment. Montana’s legislature has consistently endorsed an open primary; i.e., every registered voter can vote in one party primary, or the other. It seems that would settle the argument for a conservative who believes in the original construction of the Constitution, not some court determined revision of the document. These Committees, but not the state party, has elected to join a lawsuit that asks an appointed federal judge to overturn the will of Montanans expressed by their legislature to have an open primary and to substitute a closed primary in which only “Republicans” vote.
There is no procedure for a person to register by party. Does Mr. Poole want a federal judge to order the Montana Legislature to pass a law providing for registration by party? That would turn the Constitution on its head.
Not only are Montanans independent people, they like their privacy. It is in our Constitution; Article 1, Section 10. When asked their party affiliation many say that it is none of the person asking’s business. With a closed primary they must tell the world, or not vote.
It is strange that supposed “conservative” party insiders want the federal courts that they abhor to help them gain control of our party and disenfranchise the majority of Montanans at the same time.
Jim Shockley
Victor