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To: Colonel_Flagg

http://electionlawblog.org/?p=62528

Here is the gist, as the rest was overturned when Dims realized they were shooting themselves in the foot:

In addition, the state Democratic Party sued Gov. Haley Barbour and others in the mid-2000s regarding just that matter—prompting United States District Judge W. Allen Pepper to write in a June 8, 2007, opinion that it is the responsibility and right of the political party holding a primary election to ensure that the elections are fair and legal. In the case of a Republican primary and runoff, only Republicans vote, and in the case of a Democrat primary and runoff, only Democrats vote—and it is the role of the political parties to ensure that process is handled correctly.

The Supreme Court determined in a 2005 case that the First Amendment “protects the right of political parties to associate with fellow members and disassociate with non-members,” Judge Pepper wrote in his opinion. So technically it’s the party’s responsibility—i.e., in this case, state GOP chairman Joe Nosef’s responsibility—to protect GOP voters’ First Amendment rights by working to keep Democrats from voting in the GOP primary runoff.


45 posted on 06/25/2014 11:16:33 AM PDT by Ingtar (The NSA - "We're the only part of government who actually listens to the people.")
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To: Ingtar

Thank you VERY much. Greatly appreciated.


46 posted on 06/25/2014 11:20:11 AM PDT by Colonel_Flagg ("Compromise" means you've already decided you lost.)
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