This article was written by BenitoLink intern Camille Mattish. Lea este articulo en español aquí.
San Benito County Registrar of Voters Francisco Diaz gets lots of questions during election season. He said many people ask why some voters who have registered as “no party preference” cannot vote for a presidential candidate in primary elections.
No party preference means the voter has not selected a political party to support, and according to the California secretary of state’s website, presidential candidates don’t appear on the ballots of no party preference voters because presidential candidates are usually aligned with a party.
Diaz added that for at least 10 years now, the Democrats have allowed no party preference voters to “crossover” and vote on the Democratic Party ballot. In contrast, the Republicans have not allowed this. Crossover voters can obtain a one-time special ballot that allows them to vote for one of the three parties that allow crossover without changing their political party affiliation.
The American Independent, Democratic, and Libertarian parties are the only options available on the ballot for crossover. Voters who want to vote for presidential candidates in the Peace and Freedom, Republican and Green parties are required to re-register with that party.
Every year, the political parties meet at a state conference where they decide whether or not to allow crossover from the no party preference voters, said Diaz.
San Benito County Republican Party Chairman Robert Bernosky said that because Republicans are outnumbered by a wide margin, if the party allowed for crossover, Democrats would more likely be the ones choosing the Republican nominee. He said this could change, but it’s unlikely to change in the near future.
If a voter is registered as no party preference and opts out of either crossover or re-registering with a political party, the voter will not have a presidential candidate on the ballot for the primary election.
Diaz said many phone calls to the San Benito County Elections Office are from no party preference voters asking why presidential candidates do not show on their ballot. He said he directed those callers to the state website.
Diaz said all voters can choose any presidential candidate in the November general election, but for the primary, voters can choose only candidates in their party.
Primer on California primaries
California used to have a closed primary structure, but it was superseded by the passage of Proposition 198, which called for open primaries, in March 1996. According to the National Conference of State Legislatures, a closed primary refers to when voters can only vote within their party nominations. Those who are not registered with a party are “excluded” from participating.
In June 2000, the Supreme Court heard a challenge to Proposition 198. The court said that Proposition 198 was unconstitutional because it violated a political party’s First Amendment right of association and so overturned Proposition 198, according to the state’s website.
The state’s went on to adopt a modified primary structure, which took effect Jan. 1, 2001.
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