Following criticisms of voting practices during this year's Republican presidential primaries, the U.S. Supreme Court heard a case Monday questioning the legality of California's blanket primary law, which allows anyone to vote regardless of political party affiliation.
In California, instead of having separate ballots for each of the major parties, which is the practice in open primary states such as Virginia, ballots list the names of every candidate, allowing voters to participate in both Democratic and Republican parties.
The blanket primary system was implemented with the passage of Proposition 198 in 1996. Upon implementation, four California political parties filed suit against the state, claiming the proposition infringed on their First Amendment rights, citing the California Democratic Party, California Republican Party, Libertarian Party and the Peace and Freedom Party as plaintiffs.
The proposition deprives the parties of their First Amendment right to select their own nominee, said Stuart Deveaux, communications director for the California Republican Party.
The blanket primary also forces the parties to participate in a type of general election at a time when the candidates should be defining themselves in terms of their parties, Deveaux said.
The parties "are never given that opportunity under the current system," he said.
But the state of California, represented by Secretary of State Bill Jones, contends that the blanket primary serves the needs of the Californian people.
California "is not a party-driven state, it's a candidate-driven state," said Shad Balch, spokesman for the California Secretary of State.
Balch also said he thinks blanket primaries increase voter turnout and participation in elections.
The federal trial court and 9th Circuit Court of Appeals have upheld the legality of the Proposition 198, but despite these previous losses, the plaintiffs feel optimistic after the hearings on Monday, plaintiff attorney George Waters said.
The lower courts are often hesitant to overturn popularly voted on initiatives, Waters said.
Political scientists have different opinions on the validity of the political parties' claim.
The political parties "that are so critical to the development of our democracy ought to be permitted to structure their own nominations," said Larry J. Sabato, University professor of government and foreign affairs.
But Robert Holsworth, professor and chair of the Department of International and Public affairs at Virginia Commonwealth University, said he believes blanket primaries serve a good purpose and "bring more people into the system."
Virginia does not require party registration so it must operate under an open primary system.
But Virginia Republicans have tried to pass a bill requiring party registration, which failed by a slim margin in the last General Assembly sessions, said Ed Matricardi, executive director for the Republican Party of Virginia.
While requiring party registration would not change Virginia's primary system immediately, it means lawmakers would have the option of instituting a closed primary, which allows only party members to vote.
"I am comfortable with our current system," Sabato said. But he said he never would approve of Virginia converting to a blanket primary system.
"It is the equivalent of political chaos," he added.
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