Independence Party pushing for open primaries
Times Staff Reports
First published: Sunday, November 24, 2002

State Independence Party Chairman Frank M. MacKay wants to open up his
party's statewide primaries to unaffiliated voters, but he may have to go to
federal court to get his way.
Now more than 2.2 million New York voters, 20 percent of the state's total,
are barred from voting in primaries because they aren't enrolled in a
recognized state party.
Mr. MacKay wants to allow "blank" voters to participate in his party's
primaries for governor, lieutenant governor, attorney general, state
comptroller and U.S. senator.
"We want to give a voice to unaffiliated and independent voters," said party
spokeswoman Sarah Lyons. "Isn't that healthier for democracy, having people
participating and being invited into the process?"
Ensuring that all voters have a chance to vote in a primary will help dispel
cynicism about the political process and increase voter turnout, she said.
There has already been considerable discussion about the proposal among
party members, and the idea appears to have support, she said.
Mr. MacKay plans to seek a change in party rules when the Independence
Party's 224-member state committee meets in Albany Feb. 1. If the committee
amends the rules to allow open primaries, the rule change must be submitted
to the state Board of Elections.
The Board of Elections would reject such a change because state election law
prohibits anyone who is not an enrolled party member from voting in that
party's primary, said Lee Daghlian, spokesman for the state Board of
Elections.
"They can do whatever they want with their bylaws, but that doesn't change
election law," he said.
But Mr. MacKay said a 1986 U.S. Supreme Court ruling clears the way for an
open primary if that's what a party wants. In 1984, the Republican Party of
Connecticut changed its rules to allow independents to vote in its primaries
for state and federal offices, even though open primaries were barred by the
state constitution.
The Connecticut secretary of state challenged the party, but the high court
sided with the GOP, ruling that the ban violated the party's First Amendment
rights of free association.
In Oklahoma, the state has prevented the Libertarian Party from opening its
primary to all voters, but the party is suing in U.S. District Court. The
court is scheduled to hear that case next month.
Mr. Daghlian said he doesn't know whether the Supreme Court ruling would
apply in New York's case.
But the state Legislature isn't likely to change the law, and the Board of
Elections will uphold the current law, so a federal lawsuit would be the
party's only option, Mr. Daghlian said.
"That's the route they would have to go. I can't see them doing it any other
way," he said.
Ms. Lyons said the Independence Party has already authorized its attorneys
to take whatever legal action is necessary.
The Independence Party is New York's third largest political party, with
more than 257,000 members.
The party's candidate for governor, B. Thomas Golisano, received 632,574
votes, or 14 percent of the total, in the Nov. 5 general election.
But the party's Sept. 10 gubernatorial primary, between Mr. Golisano and
Republican Gov. George E. Pataki, attracted fewer than 19,000 voters.