On July 20, a Delaware Superior Court Judge ruled that the Democratic and Republican Parties may exclude members of minor parties from running in major party primaries. See this story. The case had been filed by two Libertarian Party members, who are also running in November for public office as Libertarian Party nominees.
Delaware election laws do not say that non-members are barred from running in major party primaries. Delaware permits fusion. However, the effect of today’s decision is to prevent minor party members from hoping to be listed on the November ballot as the nominees of their own minor party, as well as a major party nominee. The judge ruled from the bench and has not explained his decision in writing. The Libertarian candidates have not yet decided whether to appeal.
This is a parallel to New York’s Wilson-Pakula law, passed to prevent Congressman Vito Marcantonio from filing in the primary to get the Democrat &/or Republican nomination.
Yes, but the Wilson-Pakula law really exists. There is no statute about this in Delaware.
GPDE has been asked about joining in a possible appeal. Our bylaws require us to nominate only registered Greens as candidates for statewide office. Couldn’t any party adopt the same sort of bylaw, thus rendering part of the issue moot in the future?
BTW, the ruling is more than what your headline says. It is saying that a candidate MUST run only on the ballot line of the party in which he is registered, meaning no fusion candidacies are possible – even between minor parties.
Of course, the part that also gnaws at the Ds and Rs is when a candidate has lost in one of their primaries and then becomes a candidate from another party. This happened in 2006 when Karen Hartley-Nagle got 40% of the vote in the Dem. primary on a budget of $500, and then was put up in the general election on the Independent Party line. To me this ruling is more about limiting THAT scenario than what the Libertarian is trying to do.
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I have read that the American Independent Party will deny Chelene Nightingale for governor 2010 AIP ballot access. If this is true what party label would she use (if any) and will she sue to retain ballot status?
Actually the AIP has tried to remove Nightingale due to her not being upfront about her background. Bankruptcy and foreclosure are not a good reason to remove a candidate. Nightingale has her flaws but who better to represent Bankrupt CA than someone who has first hand knowledge? Chelene has real life experience, she does not need college degrees to know how to run a budget. She is for our freedom from facism. She will have to learn a lot, but, we has her backers will help her.