Party Primaries

The US Supreme Court recently made a decision concerning open primaries. It struck down California’s blanket primary law, which allowed all Golden State voters to vote in any party primary, regardless of their political party affiliation.

Prior to this Supreme Court ruling, registered California Democrats could vote in Republican primaries and vice versa. California party members were therefore deprived of their First Amendment right to freedom of association–until the highest court recently ruled in their favor.

Now the question is: Does this recent US Supreme Court decision apply to the CNMI? And the answer is: in the absence of certain Covenant provisions specifically excluding us on this particular issue, it probably does apply. And if it does in fact apply, then the CNMI Republican party, which has an upcoming gubernatorial primary (between Mr. Jesus R. Sablan, Peppero, and Mr. Juan Nekai Babauta), ought to proceed with care.

In the past, the CNMI, of course, has conducted wide open primaries. As a voter, I certainly don’t recall registering as either a Democrat or a Republican in CNMI elections.

Suppose a CNMI wide Republican Party primary is held without restrictions. Suppose all CNMI voters–Democrats, Independents and Reform Party members alike–were allowed to choose between Peppero and Mr. Babauta. What then?

Suppose Mr. Babauta loses. Suppose Mr. Sablan loses. Suppose one or the other loses. Could the losing gubernatorial candidate then sue?

Could the loser argue–using the recent US Supreme Court ruling as a basis–that an open primary deprived him of his right to freedom of association? Would he prevail in court? Would the election results be nullified?

All legal questions aside, would it be fair for Mr. Jesse Borja (Democrat) and Mr. Froilan Tenorio (Reform) to encourage their party faithfuls to elect either Mr. Babauta or Mr. Sablan–in an open Republican Party primary– depending on their strategic political considerations?

Perhaps the CNMI Board of Elections should get busy working with the Republican party on this potential legal problem. For if the US Supreme Court decision is relevant, every CNMI voter must then be registered with a particular political party. And each party member could then only vote in their own party primaries (and in actual elections).

They could not vote in a primary conducted by another party.