California Democratic Party v. Jones

Last updated
California Democratic Party v. Jones
Seal of the United States Supreme Court.svg
Argued April 24, 2000
Decided June 26, 2000
Full case name California Democratic Party, et al. v. Bill Jones, Secretary of State of California, et al.
Citations530 U.S. 567 ( more )
120 S. Ct. 2402; 147 L. Ed. 2d 502; 2000 U.S. LEXIS 4303; 68 U.S.L.W. 4604; 2000 Cal. Daily Op. Service 5083; 2000 Daily Journal DAR 6777; 2000 Colo. J. C.A.R. 3867; 13 Fla. L. Weekly Fed. S 479
Case history
Prior984 F. Supp. 1288 (E.D. Cal. 1997), aff'd, 169 F.3d 646 (9th Cir. 1999); cert. granted, 528 U.S. 1133(2000).
SubsequentOn remand, 242 F.3d 1201 (9th Cir. 2001).
Holding
The Court held that California's blanket primary violates a political party's First Amendment freedom of association.
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens  · Sandra Day O'Connor
Antonin Scalia  · Anthony Kennedy
David Souter  · Clarence Thomas
Ruth Bader Ginsburg  · Stephen Breyer
Case opinions
MajorityScalia, joined by Rehnquist, O'Connor, Kennedy, Souter, Thomas, Breyer
ConcurrenceKennedy
DissentStevens, joined by Ginsburg (part I)
Laws applied
California's prop. 198

California Democratic Party v. Jones, 530 U.S. 567 (2000), was a case in which the United States Supreme Court held that California's blanket primary violates a political party's First Amendment freedom of association. [1]

Contents

Prior history

In California, candidates for public office could gain access to the general ballot by winning a qualified political party's primary. In 1996, voter-approved Proposition 198 changed California's partisan primary from a closed primary, in which only a political party's members can vote on its nominees, to a blanket primary, in which each voter's ballot lists every candidate regardless of party affiliation and allows the voter to choose freely among them. The candidate of each party who wins the most votes is that party's nominee for the general election. A blanket primary differs from an open primary in that in an open primary, even though voters are not required to declare party affiliation and are given a ballot listing all candidates of all parties, the voter is restricted to voting for the candidates of only one party for all races on the ballot. In a blanket primary, the voter is free to cross party lines from one race to the next. The California Democratic Party, the California Republican Party, the Libertarian Party of California, and the Peace and Freedom Party have historically prohibited nonmembers from voting in their party's primary. Each political party filed suit against Bill Jones, the California Secretary of State, alleging that the blanket primary violated their First Amendment right of association. Jones countered that a blanket primary will intensify the election and allow for better representation in elected office. Siding with Jones, District Judge David F. Levi held that the primary's burden on the parties' associational rights was not severe and was justified by substantial state interests. The Court of Appeals affirmed.

Supreme Court

California Democratic Party v. Jones presented the following question: Does California's voter-approved Proposition 198, which changes its partisan primary from a closed primary to a blanket primary, violate political parties' First Amendment right of association?

In a 7-2 opinion delivered by Justice Antonin Scalia, the Court held that California's blanket primary violated a political party's First Amendment right of association. "Proposition 198 forces political parties to associate with—to have their nominees, and hence their positions, determined by—those who, at best, have refused to affiliate with the party, and, at worst, have expressly affiliated with a rival," wrote Justice Antonin Scalia for the majority. [2] "A single election in which the party nominee is selected by nonparty members could be enough to destroy the party." [3] Justice Scalia went on to state for the Court that Proposition 198 takes away a party's "basic function" to choose its own leaders and is functionally "both severe and unnecessary." [4]

Justices John Paul Stevens and Ruth Bader Ginsburg dissented. Stevens wrote: "This Court's willingness to invalidate the primary schemes of 3 States and cast serious constitutional doubt on the schemes of 29 others at the parties' behest is an extraordinary intrusion into the complex and changing election laws of the States." [5]

See also

Related Research Articles

Smith v. Allwright, 321 U.S. 649 (1944), was a landmark decision of the United States Supreme Court with regard to voting rights and, by extension, racial desegregation. It overturned the Texas state law that authorized parties to set their internal rules, including the use of white primaries. The court ruled that it was unconstitutional for the state to delegate its authority over elections to parties in order to allow discrimination to be practiced. This ruling affected all other states where the party used the white primary rule.

<span class="mw-page-title-main">2004 California Proposition 60</span> Amendment to the Constitution of California

Proposition 60 was an amendment of the Constitution of California, enacted in 2004, guaranteeing the right of a party participating in a primary election to also participate in the general election that follows. It was proposed by the California Legislature and approved by the voters in referendum held as part of the November 2004 election, by a majority of 67%.

<span class="mw-page-title-main">2004 California Proposition 62</span> California ballot proposition

Proposition 62 was a California ballot proposition on the November 2, 2004 ballot. It failed to pass with 5,119,155 (46.1%) votes in favor and 5,968,770 (53.9%) against.

The blanket primary is a system used for selecting political party candidates in a primary election, used in Argentina and historically in the United States. In a blanket primary, voters may pick one candidate for each office without regard to party lines; for instance, a voter might select a Democratic candidate for governor and a Republican candidate for senator. In a traditional blanket primary the candidates with the highest number of votes for each office in each party advance to the general election, as the respective party's nominee. Blanket primaries differ from open primaries – in open primaries voters may pick candidates regardless of their own party registration, but may only choose among candidates from a single party of the voter's choice. A blanket primary gives registered voters maximum choice in selecting candidates among those systems that separate primary from general elections. Blanket primary elections also serve as polls for the general elections, revealing the portion of votes that the candidates are expected to receive in them.

Decline to State (DTS) was an affiliation designation on the California voter registration form that allows voters to register to vote without choosing a party affiliation. It is similar to what in other states would be called declaring oneself as an independent. As of October 19, 2020, 23.97% of California's registered voters have "no party preference".

An open primary is a primary election that does not require voters to be affiliated with a political party in order to vote for partisan candidates. In a traditional open primary, voters may select one party's ballot and vote for that party's nomination. As in a closed primary, the highest voted candidate in each party then proceeds to the general election. In a nonpartisan blanket primary, all candidates appear on the same ballot and the two highest voted candidates proceed to the runoff election, regardless of party affiliation. The constitutionality of this system was affirmed by the Supreme Court of the United States in Washington State Grange v. Washington State Republican Party in 2008, whereas a partisan blanket primary was previously ruled to be unconstitutional in 2000. The arguments for open primaries are that voters can make independent choices, building consensus that the electoral process is not splintered or undermined by the presence of multiple political parties.

A nonpartisan blanket primary is a primary election in which all candidates for the same elected office run against each other at once, regardless of the political party. Partisan elections are, on the other hand, segregated by political party. Nonpartisan blanket primaries are slightly different from most other elections systems with two-rounds/runoff, aka "jungle primaries" , in a few ways. The first round of a nonpartisan blanket primary is officially the "primary." Round two is the "general election." Round two must be held, even if one candidate receives a majority in the first round.

<span class="mw-page-title-main">Elections in California</span> Overview of the procedure of elections in the U.S. state of California

Elections in California are held to fill various local, state and federal seats. In California, regular elections are held every even year ; however, some seats have terms of office that are longer than two years, so not every seat is on the ballot in every election. Special elections may be held to fill vacancies at other points in time. Recall elections can also be held. Additionally, statewide initiatives, legislative referrals and referendums may be on the ballot.

Williams v. Rhodes, 393 U.S. 23 (1968), is a decision by the United States Supreme Court which held that Ohio had violated the equal protection rights under the Fourteenth Amendment of two political parties by refusing to print their candidates' names on the ballot.

<span class="mw-page-title-main">2010 California Proposition 14</span> California ballot measure

Proposition 14 is a California ballot proposition that appeared on the ballot during the June 2010 state elections. It was a constitutional amendment that effectively transformed California's non-presidential elections from first-past-the-post to a nonpartisan blanket primary. The proposition was legislatively referred to voters by the State Legislature and approved by 54% of the voters. It consolidated all primary elections for a particular office into an election with one ballot that would be identical to all voters, regardless of their party preferences. The two candidates with the most votes in the primary election would then be the only candidates who would run in the general election, regardless of their party affiliation.

N.Y. State Bd. of Elections v. Lopez Torres, 552 U.S. 196 (2008), was a case decided by the United States Supreme Court that involved a constitutional challenge brought against New York State's judicial election law, alleging that it unfairly prevented candidates from obtaining access to the ballot. The Supreme Court rejected this challenge and held that the state's election laws did not infringe upon candidates' First Amendment associational rights. Several concurring justices emphasized, however, that their decision reflected only the constitutionality of the state's election system, and not its wisdom or merit.

<span class="mw-page-title-main">November 2012 California elections</span>

The California state elections was held on Election Day, November 6, 2012. On the ballot were eleven propositions, various parties' nominees for the United States presidency, the Class I Senator to the United States Senate, all of California's seats to the House of Representatives, all of the seats of the State Assembly, and all odd-numbered seats of the State Senate.

<span class="mw-page-title-main">2014 California elections</span>

In California state elections, 2014 was the first year in which the top statewide offices were elected under the nonpartisan blanket primary, pursuant to Proposition 14, which passed with 53% voter approval in June 2010. Under this system, which first went into effect during the 2012 election year, all candidates will appear on the same ballot, regardless of party. In the primary, voters may vote for any candidate, regardless of their party affiliation. The top two finishers, regardless of party, then advance to face each other in the general election in November.

<span class="mw-page-title-main">2016 California elections</span> Elections held in California

California state elections in 2016 were held on Tuesday, November 8, 2016, with the primary elections being held on June 7, 2016. In addition to the U.S. presidential race, California voters elected one member to the United States Senate, all of California's seats to the House of Representatives, all of the seats of the State Assembly, and all odd-numbered seats of the State Senate.

<span class="mw-page-title-main">2020 California elections</span>

The California state elections in 2020 were held on Tuesday, November 3, 2020. Unlike previous election cycles, the primary elections were held on Super Tuesday, March 3, 2020.

Colorado Republican Federal Campaign Committee v. FEC, 518 U.S. 604 (1996), was a case heard by the Supreme Court of the United States in which the Colorado Republican Party challenged the Federal Election Commission (FEC) as to whether the "Party Expenditure Provision" of the Federal Election Campaign Act of 1971 (FECA) violated the First Amendment right to free speech. This provision put a limit on the amount of money a national party could spend on a congressional candidate's campaign. The FEC argued that the Committee violated this provision when purchasing a radio advertisement that attacked the likely candidate of the Colorado Democratic Party. The court held that since the expenditures by the committee were made independently from a specific candidate, they did not violate the campaign contribution limitations established by the FECA, and were protected under the First Amendment.

<span class="mw-page-title-main">2018 California elections</span>

California state elections in 2018 were held on Tuesday, November 6, 2018, with the primary elections being held on June 5, 2018. Voters elected one member to the United States Senate, 53 members to the United States House of Representatives, all eight state constitutional offices, all four members to the Board of Equalization, 20 members to the California State Senate, and all 80 members to the California State Assembly, among other elected offices.

<span class="mw-page-title-main">2020 Texas elections</span>

Texas state elections in 2020 were held on Tuesday, November 3, 2020. Its primaries were held on March 3, 2020, with runoffs taking place on July 14.

<span class="mw-page-title-main">2020 Colorado elections</span>

Colorado state elections in 2020 were held on Tuesday, November 3, 2020. The deadline to register and receive a ballot by mail in Colorado was October 26, 2020. Voters may register in person and vote or pick up a ballot at Voter Service Centers October 19 through 7 p.m. November 3, 2020. Colorado exclusively used a vote-by-mail system, although voters may choose to vote in person at Voter Service and Polling Centers (VSPCs).

<span class="mw-page-title-main">2022 California elections</span>

The 2022 California elections took place on November 8, 2022. The statewide direct primary election was held on June 7, 2022.

References

  1. California Democratic Party v. Jones, 530 U.S. 567 (2000).
  2. Jones, 530 U.S. at 577.
  3. Jones, 530 U.S. at 579.
  4. Jones, 530 U.S. at 586.
  5. Jones, 530 U.S. at 598 (Stevens, J., dissenting).