Posts Tagged → matt zencey
Voter Access, Public Funding of Private Elections…
I so totally agree with the gist of this opinion piece by our local newspaper of record, the Patriot News:
By Matt Zencey, May 15, 2014
Tuesday is Primary Election Day, and every year when it rolls around, I’m reminded of this unpleasant fact: Tax-paying Pennsylvanians who don’t belong to a political party are forced to help pay for an election in which they are not allowed vote.
You can’t vote for candidates Tuesday unless you are a registered member of a political party that has candidates on the ballot.
I wrote a column last year complaining about this injustice that is inflicted on politically independent Pennsylvanians. It’s a system that isn’t going to change anytime soon, because the power-brokers who make the rules are the same people who benefit from taxpayer subsidies of their party’s candidate selection process.
In last year’s column, I wondered whether this arrangement violates Pennsylvania constitution’s requirement of “free and equal” elections. What’s “equal” about an election, funded by tax dollars, where a duly registered voter has no say in which candidate wins?
Now it’s true, as I wrote back then, that the U.S. Supreme Court clearly says political parties have a First Amendment right to determine who may vote in “their” political primaries.
The question is whether political parties [THAT ARE PRIVATE ENTITIES] have a First Amendment right to force you [THE PUBLIC] to pay for their candidate selection process.
I don’t think so.
If you are going to participate in a primary election that you help pay for, you are forced to affiliate with a political party. That violates your First Amendment rights.
Pennsylvania’s closed primary election delivers a tax-subsidized government benefit to two preferred political organizations – the Democratic and Republican parties.
All of us are paying so they can pick their candidate who will enjoy a huge government privilege – one of two guaranteed spots on the general election ballot. (Pennsylvania law also makes it extraordinarily difficult for a third-party to get its candidates on the ballot.)
It doesn’t have to be this way.
California recently adopted a much fairer primary election system by voter initiative.
All candidates of all parties appear on a ballot available to all registered voters within the relevant district. The top two vote getters move on to the general election in the fall. The winners could be two Republicans, or two Democrats, one of each party. A so-called minor party candidate might even win a spot on the fall ballot.
This way, taxpayers are not forced to subsidize a process that’s stacked in favor of two political parties. And it’s clearly constitutional. The U.S. Supreme Court has explicitly saidthat a non-partisan primary that is open to all voters and allocates spots on the general election ballot falls squarely within the First Amendment.
But good luck getting such a system here in Pennsylvania. Unlike in California, the poo-bahs who hold political power in Pennsylvania have denied voters the power to pass their own laws by statewide initiative.
On this one, we have to try to persuade legislators and the governor to do the right thing and reform a system that has put them in power and keeps them there.
I’m not holding my breath.
Matt Zencey is Deputy Opinion Editor of Pennlive and The Patriot-News. Email mzencey@pennlive.com and on Twitter @MattZencey.
http://www.pennlive.com/opinion/index.ssf/2014/05/is_pennsylvania_closed_primary.html