BS: State primary election laws question

Subject: BS: State primary election laws question
From: frogprince
Date: 27 Feb 12 - 06:50 PM

I'm in Michigan. Earlier today I received a taped phonecall, urging Democrats to vote in the Republican primary, and vote against Romney.
I wasn't jumping at the idea, but I was considering it. Then we sat down to the evening news. The word from the newscast, as I got it:

To receive a ballot for the Michigan primary, you must first declare your preference, Democrat or Republican. If you do not, you will be given only a ballot for local elections, not including the presidential candidates. If you take a presidential primary ballot, your choice of Repub or Dem will become available public record. That much I'm quite certain I heard correctly, and I don't like it. But it's what I think I heard next that brought me up short. If I heard correctly, my actual candidate vote in the Michigan primary goes on available public record.
1. Can anyone tell me if this is in fact Michigan election law.
2. If so, in how many other states is this true?
3. Does anyone see this as defensible? To me the primary is ultimately part of the presidential election process and should come under the rule of secret balloting.

Subject: RE: BS: State primary election laws question
From: Rapparee
Date: 27 Feb 12 - 07:19 PM

Pretty standard. That's the way it works in Ohio and Indiana, anyway.

But that phone call was stupid -- Republicans all over the US are claiming "election fraud" with Democrats voting as Republicans so that the worst possible candidate gets on the ballot. So far it hasn't been a big issue, but this sort of thing doesn't help.

Moreover, how can one tell if it's a call from the Democratic Party? Creating a crisis is old news.

I like Indiana's law: telephone calls for candidates MUST be done by live people calling from within Indiana. And yes, the Supremes have upheld it. You call could have originated in California or God alone knows where.

Subject: RE: BS: State primary election laws question
From: Bobert
Date: 27 Feb 12 - 07:20 PM

Vote in the Republican primary if you like... It doesn't pledge you to vote for a Republican in the general... These are just tricks... The repubs routinely try to mess with democrat primaries... It's part of the game...

B~

Subject: RE: BS: State primary election laws question
From: Rapparee
Date: 27 Feb 12 - 07:30 PM

Bobert, it does in Idaho. Oh, it's unenforceable, but the law now says that you have to pledge to vote Republican in the general election if you vote that way in the primary.

Subject: RE: BS: State primary election laws question
From: frogprince
Date: 27 Feb 12 - 11:37 PM

Just after my OP, I got another taped call. Entirely different voice and script, but both calls encouraged me to vote for Rick Sanctimony.
The 2nd call incorporated a voice loop of Romney repeating "bankruptcy", the same as a TV ad that's been running regularly. But the TV ad is for Santorum, and both calls alleged to be enouraging "spoiler" votes by Democrats. If I was stone dead certain Santorum would be unelectable, I might go for it. But I think I'll pass. Nixon had to be unelectable the 2nd time, with Watergate falling apart around him, but...

Subject: RE: BS: State primary election laws question
From: artbrooks
Date: 27 Feb 12 - 11:54 PM

States are different. Here in New Mexico, only registered Republicans are allowed to vote in the Republican primaries, and Democrats likewise. Independents don't get to participate in the primary process, unless they register with a specific party. In states with "open" primaries, any registered voter may vote in any primary (but only one).

Subject: RE: BS: State primary election laws question
From: JohnInKansas
Date: 28 Feb 12 - 04:25 AM

The Primary Elections are not required by any Federal Law, and essentially have no real legal standing. They are generally "authorized" by the State Legislatures, where the State contributes anything to running them, or where State laws require "oversight" by State Election officials (to assure honesty;<(); but are essentially for the sole benefit of the Parties.

The pretense is that they are to give the Party Members in a given state the opportunity to choose which candidate(s) they want to have representing them in the General Election.

In nearly all states you must generally register in advance of the General Election. Some states, historically, allowed you to vote if you could show "credentials" at the polling place, without registering in advance; but I don't know of any where that's still common. Some states will allow you to cast a "provisional ballot" if you're unregistered at the time of the General Election; but in most places that accept provisional ballots they're only counted in case of a tie, or if the vote is "contested," and then only if those doing the recount "get around to them."

In most of the states that have primaries, the Party determines who can receive a ballot, although some states require "approval" of the Parties' rules by an Election Commissioner or other State official. And in most cases it's the general rule that you must be Registered as a "party member" in order to get a ballot.

That "general rule" is modified in some places by your right to declare, or change, your party affiliation at any time, and in some states you are legally permitted to say "I used to be a #@$!% but now I'm a %!$@#$ at an election and get a ballot.

Due to the hazy legality of the Primaries, the states do vary in whether they consider your Primary vote to be a "public record" or a "secret ballot." Due to the frequency of "contested votes" it is necessary for someone to be able to know what person cast each ballot, and what choices were shown on that ballot, in order to know which ballots to count and which to disallow. Since "someone" is nearly always a "committee" or at least a group of delegates assigned to verifying the ballots, the maxim quoted in another thread here recently should be remembered:

"Three people can keep a secret - if two of them are dead."

(While the above maxim is attributed to "a Mafia Don" it probably is well known to politicians.)

The closest anyone can come to a "general rule" on primaries is that Republicans vote in the Republican Primary and Democrats vote in the Democrat(ic) Primary. While there are attempts to maintain that your ballot is "secret," your party affiliation generally is a public record, and the requirement that you declare an affilication in order to vote in a primary means that you cannot conceal your "affiliation" with the party and will receive appeals for donations - probably for the rest of your life regardless of any changes in your subsequent declarations of affiliation.

In Kansas, a couple of elections ago, it was published that there were 19 registered Communists, similar numbers registered with three or four other "fringe" parties whose names nobody can recall - and numbers of registered Democrats and Republicans in each precinct were given - in most local newspapers and on TV News(?) reports.

The worst thing about being registered probably is the campaign appeals, and the constant "newsletters" from candidates (now often via email).

I'm sure it's all clear now.

(?)

John