[Pressrelease] Press Release - State primary case to be heard by Supreme Court

[Christopher S Powell]

For Immediate Release

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Oklahoma Libertarian Party    
Contact: Chris Powell                    
Phone: 405-640-8204   
E-mail: cspowell at rocketmail.com
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January 17th, 2004

State primary case to be heard by Supreme Court

On Tuesday, the United States Supreme Court will hear
oral arguments on a case involving the right of
political parties in Oklahoma to determine who may
vote in party primaries.  

The case in question, Beaver v. Clingman, originated
during the 2000 elections, when the Oklahoma
Libertarian Party requested that all voters,
regardless of party affiliation, be allowed to vote in
Libertarian primaries.  The State Election Board
denied the request.  The OKLP responded by bringing a
suit to protect it's First Amendment right to freedom
of association.  Federal Judge Stephen Friot ruled
against the Libertarians, who appealed that decision
to the 10th Circuit court in Denver.  The 10th Circuit
ruled in favor of the OKLP.  The State of Oklahoma
appealed that decision, and the Supreme Court agreed
to hear the case.

Assistant Attorney General Wellen Poe is representing
the State of Oklahoma in the case, and has argued that
prohibiting the Libertarians from opening their
primary to all voters protects the Libertarian Party
from having non-members choose the party's nominees,
and that it prevents voter confusion.  OKLP officials
point out that voter confusion is nearly always a
result of poorly designed election materials or
instructions, and rarely if ever due to voters having
more choices.  It is also the case that the 10th
Circuit ruling allows parties to keep their primaries
closed, a certain remedy if a party fears the results
of ballots cast by voters registered with other
parties.  

Ironically, the Libertarian Party failed to get on the
ballot in Oklahoma in 2004, the first time since 1976
that the party's presidential nominee was not an
option for state voters.  In fact, Oklahoma was the
only state in the coubtry where a voters were limited
to just George W. Bush or John Kerry for President. 
Election law expert Richard Winger characterizes
Oklahoma as having "the worst ballot access law in the
nation."  Another case involving the OKLP, this one
brought to challenge the ballot access law that
prohibited the party from running candidates in 2004,
is on appeal to the State Supreme Court.  

OKLP Chair Steve Galpin said it may seem like
Libertarians are filing a lot of lawsuits.  "We're
just trying to reform state elections to allow voters
more choices.  Our military forces have fought to
bring democratic elections to places like Afghanistan
and Iraq, it seems like we could have a more open and
democratic system here in Oklahoma."  Galpin is
optimistic about the case before the Supreme Court. 
"It's the right of our party, not the government, to
decide who picks our nominees.  I'm confident the 10th
Circuit ruling will be upheld."

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