Primaries are State and National political party INTERNAL votes. They just happen to use State general election machinery and money. There is no ‘equal’ protection general election protection since these are PRIVATE associations selecting a nominee for a general election, just like the ELKSs or VFWs.
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I agree with that as an ideal concept, but when the parties open their primaries and let any registered voter vote regardless of party affiliation I think the arguement can be made that this is no longer a private club type situation. I’m not saying this would prevail at a hearing in front of a judge, just that they could tie up the mess and fight the fight!!
The republican candidate was NOT chosen by the republicans, but by cross-over voting and “independents” that voted for McCain in New Hampshire. That, and the fact that too many candidates watered down the pool and let McCain in.