Federal judge finds Arizona's open primary unconstitutional
By The Associated Press
08.07.02
PHOENIX — A federal judge struck down Arizona's open primary as unconstitutional this week, ruling it violates the political parties' right of free association.
Under the Aug. 5 ruling, independent voters and members of small parties won't be allowed to participate in the state's primary election on Sept. 10.
The open primary, which was approved by voters in 1998, allows a registered voter who is not affiliated with the Republican, Democratic or Libertarian parties to participate in one of those parties' primaries.
Libertarian Party Chairman Peter Schmerl sued to stop the law from being used. He argued allowing people who don't belong to one of the parties to vote interferes with the parties' right to choose their leadership because the parties must select their precinct committeemen during the primary.
The decision creates a problem for elections officials, who must oversee early voting starting tomorrow.
"There are a lot of people who registered to vote as independents with the understanding that they could vote," said the state elections director, Jessica Funkhouser.
She said the secretary of state's office planned to ask the court for a stay until it could appeal U.S. District Judge Raner Collins' decision.
The Arizona Republic reported in today's editions that state officials said they might ask the U.S. Supreme Court to overturn the ruling. The newspaper also reported that nearly one-fifth of the state's voters could be barred from casting ballots in the primary if the decision is allowed to stand.