Democratic Party of Hawaii v. Nago, No. 13-17545 (9th Cir. 2016)
Annotate this CaseThe Party brought a facial First Amendment challenge to Hawaii’s open primary system, seeking to limit the participants in its primary elections to its formal members or to voters who are otherwise willing publicly to declare their support for the Party. The Party claims that Hawaii’s open primary system, which allows registered voters to participate in any party’s primary without formally joining or declaring support for that party, severely burdens the Party’s associational rights. Under Supreme Court and Ninth Circuit precedent, the court concluded that the extent of the burden that a primary system imposes on associational rights is a factual question on which the plaintiff bears the burden of proof. In this case, the court concluded that the Party's preference for limiting primary participants to registered Party members, coupled with the fact that more people vote in Democratic primaries than are formally registered with the Party, is not sufficient to show that Hawaii’s open primary system severely burdens the Party’s associational rights. Accordingly, the court affirmed the judgment.
Court Description: Civil Rights. The panel affirmed the district court’s summary judgment in favor of Scott Nago, in his official capacity as Chief Election Officer of the State of Hawaii, in an action brought by the Democratic Party of Hawaii challenging Hawaii’s open primary system on the grounds that allowing registered voters to participate in any party’s primary without formally joining or declaring support for that party, severely burdens the Democratic Party’s First Amendment associational rights. The panel first noted that the extent to which Hawaii’s open primary system burdens the Democratic Party’s associational rights is a factual question on which the Party bore the burden of proof. The panel held that the Party had not developed any evidence to meet this burden. The Party provided no evidence showing a clear and present danger that adherents of opposing parties determine the Democratic Party’s nominees. Nor had the Party shown that Hawaii’s open primary system causes Democratic candidates to moderate their policy stances. The panel concluded that absent evidence that Hawaii’s system affects the Party’s ability to select its nominees, the Party’s facial challenge failed. DEMOCRATIC PARTY OF HAWAII V. NAGO 3
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