Warning to Republicans

If you are thinking about voting in the primary between Harris Miller and Jim Webb....

I asked State Senator Ken Cuccinelli to describe the impact of such an action, with the recent amendment added to the Republican Party Plan (emphasis mine): 
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In June 2004 the RPV passed an amendment to the Republican Party Plan (RPP) that allowed (but did not require) all Republican Committees to exclude either or both Democrats (presumably defined as Democrat Party primary voters) and independents (presumably those that have lived in Va. but have not previously participated in a Republican nomination, though this has not been fully developed).  This amendment to the RPP is effective June 15, 2006, i.e., in time for the 2007 elections but not the 2006 elections.  The amendment specifies that no one voting in a Dem primary prior to March 1, 2004, can have that held against them (b/c it was before the amendment, and they would have no notice).  So the voting that "counts" for determining if a voter is a Dem is primary voting after 3/1/04.

In the case that I argued before the 4th Circuit this morning, the 11th State Senate District Republican Committee was informed by the incumbent Senator, Sen. Martin, that he intends to select a primary as his nomination method (incumbent members of the GA get to choose their renomination method under 24.2-509, the "incumbent protection act").  That committee then met and voted to hold a primary but they also voted to exercise their right under the RPP to exclude Dem primary voters (i.e., anyone that has voted in a Dem primary since 3/1/04).

If the 11th State Sen. Dist. GOP wins its lawsuit to enjoin (i.e., stop) the enforcement of the open primary law, then any party unit will be able to define (w/in certain limited parameters) who may participate in its primaries.

If a Republican votes in the upcoming Dem primary for Senate, then he/she will not be allowed to vote in a Republican primary for the following 5 years in those races where the governing Republican committee has voted to exclude Dem party primary voters.

There is an "out," but it's only a one-time out.  Under the RPP, a Dem primary voter may sign a disaffiliation pledge formally disaffiliating with all non-Republican parties that they may have supported or affiliated with in the past.  If they sign that pledge, they can proceed to vote in that GOP primary.  However, after signing such a pledge, if that voter thereafter votes in another Dem primary, then they will no longer have the disaffiliation option available to them.

I hope that this is a helpful explanation.
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In other words, if a Republican votes in this primary, they might not be able to support George Allen in the 2008 Presidential Primary, they may not be able to vote in the Jim Gilmore-Tom Davis primary for Senate in 2008, and they may not be able to vote in the Bob McDonnell-Bill Bolling contest for Governor in 2009.

Do you really want to tell those people you can't vote for them because you voted for Harris Miller?

Comments

[George Templeton]

Well as someone who as supported closed primaries for a long time, I say good. Let Democrats pick Democratic candidates and Republicans pick Republican candidates. It's not perfect, but so what, politics will never be perfect. I take it NLS that you agree with this policy?

[George Templeton]

I mean has supported. Dammit.

[Not Larry Sabato]

Yeah, I love it. I hope he wins the suit, it will clean up both parties.

[Mike Sizemore]

I agree...we'll pick our best you pick your best. Let the candidate of his people's chosen go forth and govern!

Rats, foiled again...I knew our nepharious Republican plot to help Harris Miller win the Democratic nomination for Senate was in the bag...Ben's articulate warning is right on target. Foiled again...our cock-a-roach plan is now in the light for all to see. Foiled again by you damn Bloggers!

[Bwana]

I like the idea of party registration...and if the Cooch likes the idea, why not just introduce legislation requiring voter registration by party? Why go backdoor with a lawsuit?

Given how well lawsuits have worked in the past to allow political parties any say in limiting who can participate in the nominating process, what is the likelihood that the 11th district committee will win this lawsuit? Isn't this a political matter that is more properly taken care of in the legislature? It is also likely that this plan will raise issues under the Voting Rights Act, which Virginia must comply with.

If we want voter registration by party in Virginia, pass the law...and do it quick, because the "?" key on my keyboard is starting to stick...

The blogosphere is crazy if it actually thinks a large number of Republicans even have interest in this primary, let alone intend to vote. People don't vote in their own primaries, they're not gonna vote in the other parties' primary contest between 2 complete unknowns.

[Not Jack Herrity]

A little freaked out by the possibility of GOP spoiler votes, are we?

Cuccinelli is blowing smoke. The GOP party plan is illegal under current state law. He was in front of the 4th Circuit yesterday because a federal judge in Richmond, Henry Hudson, tossed the case and Cuccinelli appealed. I don't see any reason for the 4th Circuit to overrule Hudson.

If you really want to know why this case is bogus, go back and check out the Jaded JD's archives.

NJH

[Virginia Centrist]

The more important point that Ben's making here is this:

Harris Miller is a tempting candidate for Republicans to vote for. He's the worst Democrat to hit the ballot since.......

[Bruce]

We have an open primary right now. At a recent GOP Committee meeting the members were actually encouraging each other to vote in the DEM primary. Some wanted to hurt Webb because they saw him as a stronger challenger to Allen. Some wanted to help Webb so that they would like their Senator either way and saw it as a way to be sure they had a basically GOP Senator - even if Webb is currently affiliated with the Dems.

Personally, I like closed primarys. But until state law changes, I doubt this will be used in our area to exclude membership in the GOP.

[novamiddleman]

As a citizen I have a right to vote in whatever election I want to end of story.

[not gretchen bulova]

Totally agree NMM. Not everyone fits into the neat little parties and they should not be punished with closed primaries.

[Virginia Centrist]

If you allow the likes of Ken Cuccinelli to keep people from voting in Republican primaries, what sort of party will you be left with?

I can see it now. First, they expel people who voted in Dem primaries.

Next, they expel people who refuse to take a loyalty pledge to an unborn fetus.

Finally, they expel people who refuse to break all of the windows of homosexual businessmen with them.

This is why the Republican Party of Virginia is on the way out. They are more interested in keeping it pure, than winning.

[James Young]

This is a bad idea (five years seems a bit too much) provoked by a worse one, to-wit, the refusal of the Virginia Legislature to authorize partisan registration. It has little to do with "purity," and everything to do with partisan hygiene.

As a usual supporter of partisan hygiene, Ben, I'm not surprised that you would support this.

[Geoff]

This blog is becoming more a partisan tool than a news source. News is more interesting than propaganda.

[Bwana]

NJH-

Being technologically inept, I could not locate the Jaded JD archives...Althouth I understand he/she no longer blogs.

If you have a link to the same, please share...I would love to see the background info you alluded to in your 0757 post above

[J. Sarge]

This lawsuit will fail at the Fourth Circuit. Legislation closing primaries is often introduced, with little result. Getting incumbents to vote to repeal the "incumbent protection act" is a hard sell.

For what it's worth, in an era of extremely accurate partisan redistricting, I favor open primaries. It's the only way to have a meaningful vote.

[Not Jack Herrity]

Here is one of the posts:

http://jaded_jd.typepad.com/the_jaded_jd/2005/04/more_on_party_n.html#comments

This should provide some perspective. FYI, Jaded is a Silver Blogger.

NJH

[brent]

as long as you are prohibited from voting in 2 primaries in one cycle, i see no problem with the open primary system. there are some folks out there who don't always vote for one party or the other. hell, my parents voted for Kaine last year and he was the first Dem they voted for since McGovern. closed primaries limit the democratic process, and if any party is ever organized enough to arrange to spoil the other party's primary... well, then that's just impressive.

Party registration won't help with people who really want to vote in the other party's primary. A friend of mine went to college in southern CA and registered as a Republican (depite being a liberal hippie with long hair) so he could vote in the Republican primaries and help elect the most right-wing, racist, insane canidate possible. Not as easy as it is now in VA, but still can be done if you want.

Point is, open primaries are a part of Virginia politics. Don't get rid of them.

[DLC = New Labour]

I have to say that this whole discussion is based on a pretty silly idea. Republicans are not going to vote in the Democratic Primary for Harris Miller. You know why? They don't care. Republicans aren't afraid of Webb, because they know Allen will beat either Webb or Miller like a drum. Some of you need to stop lying to yourselves and admit this is true.

[Virginia Centrist]

DLC:

That may be somewhat true. But if Miller gets the nomination, Allen can just fly back to Iowa and start running for president again.

[novamiddleman]

Here is another personal example. When I lived in Maryland I registered Democrat even though I leaned republican so I could choose candidates because Maryland is pretty blue. If Virginia went party registration I would have to choose between republican (agree more) on ideals or democrat (because I live in a Blueish area) to select candidates. As districts become less and less competitive more people would be forced into this awkward decision.

[DLC = New Labour]

VC,

You are right. Notice how I said Webb or Miller? I think either way Allen will be holding a Jim Nussle for Governor Fundraiser by mid-September.