Arizona attorney general gives go-ahead for state's open primaries

By The Associated Press

08.14.00

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PHOENIX — Attorney General Janet Napolitano has cleared the way for Arizona's first open primaries to go on as planned this September.

Secretary of State Betsey Bayless had asked Napolitano to issue an opinion on the primaries after the U.S. Supreme Court struck down California's blanket primary system.

California provided all primary voters with the same ballot, allowing them to pick any candidate regardless of party affiliation. Candidates of each party who received the most votes then advanced to the general election.

In California Democratic Party v. Jones, the Supreme Court said that system violated the political parties' First Amendment rights of association.

Arizona voters changed the state Constitution two years ago to allow open primaries. Voters who are registered as "no party preference," independent or as members of parties that are not represented on the ballot can now choose to vote in one of the party primaries.

Napolitano said that difference means the Arizona law does not burden political parties in the way the California system did.

"Arizona's open primary promotes voter participation by extending voting rights to Proposition 103 voters," she wrote in her Aug. 11 opinion. "Arizona's open primary law also promotes fairness by ensuring that voters who help pay for publicly financed primaries are permitted to vote in the elections. In addition, the open primary promotes the legitimacy of the elections by ensuring that all registered voters have an opportunity to vote."

Update

Federal judge finds Arizona's open primary unconstitutional
Decision creates problem for elections officials overseeing early voting, which begins tomorrow for Sept. 10 primary.  08.07.02