Michael Clingman, Secretary, Oklahoma State Election Board, et al. v. Andrea L. Beaver et al. (544 U.S. 581)
U.S. Supreme Court · decided May 23, 2005 · Supreme Court Database (Spaeth)
- Citation
- 544 U.S. 581 · 125 S. Ct. 2029
- Decided
- May 23, 2005
- Term
- October Term 2004
- Vote
- 6–3
- Majority author
- Justice Thomas
- Issue area
- First Amendment
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Thomas delivered the opinion of the Court, except as to Part II-A. Oklahoma has a semiclosed primary system, in which a political party may invite only its own party members and voters registered as Independents to vote in the party’s primary. The Court of Appeals held that this system violates the right to freedom of association of the Libertarian Party of Oklahoma (LPO) and several Oklahomans who are registered members of the Republican and Democratic Parties. We hold that it does not. I Oklahoma’s election laws provide that only registered members of a political party may vote in the party’s primary, see Okla. Stat. Ann., Tit. 26, § 1-104(A) (West 1997), unless the party opens its primary to registered Independents as well, see § 1-104(B)(1). In May 2000, the LPO notified the secretary of the Oklahoma State Election Board that it wanted to open its upcoming primary to all registered Oklahoma voters, without regard to their party affiliation. See § 1-104(B)(4) (requiring notice when a party opens its primary to Independents). Pursuant to § 1-104, the secretary agreed as to Independent voters, but not as to voters registered with other political parties. The LPO and several Republican and Democratic voters then sued for declaratory and injunctive relief in the United States District Court for the Western District of Oklahoma, alleging that Oklahoma’s semiclosed…
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