The U.S. Supreme Court ruled on May 23 that the state of Oklahoma does not have to allow a qualified political party to invite members of other parties to vote in its primary.
The court's 6-3 decision against the Libertarian Party reversed an appellate court's ruling; the 10th Circuit Court of Appeals had decided in the OKLP's favor.
Had the party achieved ballot access in 2004, the party would have been allowed to invite registered Democrats and Republicans to participate in the LP primaries. But because of the high signature requirement for ballot access in the state, the LP did not make it on the ballot.
The Supreme Court ruled that the state may limit participation in partisan primaries to a party's members -- though independents may vote in any party's primary.
Justice Clarence Thomas wrote the majority opinion, which Richard Winger of Ballot Access News found ironic.
"It is ironic [because] he seemed to pay little attention to the oral argument back on Jan. 19," Winger commented. "Also, the majority decision was signed by Chief Justice Rehnquist, who didn't even attend the oral argument."
On a positive note, two of the justices who voted to uphold the law, O'Connor and Breyer, "wrote separately to say that state laws that make it difficult for minor parties and independents to get on the ballot may very well be unconstitutional," Winger wrote on his Web site, www.Ballot-Access.org.
"O’Connor wrote that if all the election laws of Oklahoma that impact on minor parties had been brought into the case at the first stage, the decision might well have been different. This is the first time Justice O’Connor has expressed any sympathy or interest in minor party ballot access problems."
Oklahoma LP spokesman Chris Powell said, "It's shocking that the unanimous 10th Circuit ruling was overturned."
Dissenting Justice John Paul Stevens concluded that the majority opinion "has little to support it other than a naked interest in protecting the two major parties," a statement in which Powell and other Oklahoma Libertarians take some comfort.
"Now that it seems a majority of the Supreme Court may favor overturning election law that is clearly unfair to alternative parties, maybe our legislature or state courts will be encouraged to act for ballot access reform and allow Oklahoma voters the possibility of more choices on Election Day," Powell said.
