Justices Uphold Blanket Primary

Rejecting a bipartisan plea by the two major political parties, a federal appeals court Thursday upheld California’s blanket balloting law, meaning voters can continue to mix-and-match their candidates in next year’s primary elections, regardless of political affiliation.

“It is apparent that the voters of California believe that the system is fairer when all voters, including independents and regardless of party affiliation, may participate in framing the choice of candidates at the general election,” the court said in a 3-0 decision.

The state Democratic and Republican parties sought to overturn the blanket primary on constitutional grounds because it effectively undercut their authority. They are expected to appeal Thursday’s ruling to the U.S. Supreme Court.

But practically speaking, the decision means that the blanket voting system will be in force for the primary elections March 7, 2000.

Tony Quinn, a leading state political demographer, said the political impact could prove significant.

“It has the potential to fundamentally change legislative and congressional politics because it will drive candidates to the middle, since they will no longer be able to depend solely on their hard-core partisans,” said Quinn, who testified as an expert witness on the state’s behalf in support of the blanket primary.

He cited a half-dozen instances in Republican primaries in June in which more centrist candidates gained support as a result of backing from “cross-over” Democratic and independent voters.

The decision Thursday grew out of Proposition 198, passed by California voters nearly two years ago. The initiative changed election law so that any registered voter can cast his or her ballot for any candidate of any party. Previously, only Republicans could vote for Republicans, Democrats for Democrats, etc. Independents and voters declining to state a party preference were effectively disenfranchised from partisan primaries.

The parties pressed their legal fight after losing a 1997 trial in which they sought to overturn Proposition 198. Arguing before the appeals court last fall, attorneys for the parties said the blanket primary violates 1st Amendment rights by allowing a party’s candidate to be chosen by voters affiliated with an opposing party, or differing philosophy.

John McGraw, chairman of the California Republican Party, reiterated that assertion Thursday. “I am disappointed that the 9th Circuit did not recognize the free association rights of California’s political parties and their members,” McGraw said.

Anticipating Thursday’s ruling, the two parties have been working to solve one of the problems presented by the blanket balloting system: a conflict with the national parties over the selection of presidential nominating delegates.

The blanket voting system violates national party rules holding that only party members can vote to nominate their presidential standard-bearers. As a result, the national Democrats and Republicans could theoretically refuse to seat California’s delegates to their 2000 presidential nominating conventions.

Legislation is pending in Sacramento to address the problem by, in effect, having Californians vote twice. Voters would still be able to select the candidates of their choice, regardless of party affiliation, on one ballot.

Registered partisans would then cast another ballot to vote for delegates committed to their party’s candidates. The votes of registered Republicans would be counted toward apportioning the GOP’s convention delegates and only Democratic votes would count for the Democratic candidates.

Alternatively, under a second proposal pending in Sacramento, the ballots could be coded to reveal how many votes each presidential contender received in blanket balloting, and how many votes came from members of their own party.

The parties could then tally the latter to award their convention delegates.