Question

Several observers of California politics blame the state’s system of primary elections for increasing polarization in the state. In 1996, voters passed Proposition 198 to allow voters to participate in the primary of their choosing, even if they were registered under a different party. Discuss the pros and cons of such a system. Why did the U.S. Supreme Court strike down the system?

Answer 1

The supreme court believed that it violates the First Amendment right of association. "Proposition 198 forces political parties to associate with—to have their nominees, and hence their positions, determined by—those who, at best, have refused to affiliate with the party, and, at worst, have expressly affiliated with a rival," wrote Justice Antonin Scalia. "A single election in which the party nominee is selected by nonparty members could be enough to destroy the party."