who would be allowed to vote in a democratic party closed primary
Open primaries in the United States This constitutionality raises a problem. The most popular alternative to the open primary is the closed primary. However, a mandatory closed primary can also be unconstitutional. In Tashjian v. Republican Party of Connecticut, the United States Supreme Court determined that Connecticut’s closed primary law was unconstitutional. The Connecticut closed primary law “[required] voters in any political party primary to be registered members of that party.”[7] The Republican Party of Connecticut, however, wanted to allow independents to vote in the Republican primary if they so chose. The problem with this closed primary law was that it prevented the Republican Party from allowing independent “registered voters not affiliated with any party to vote in Republican primaries for federal and statewide offices.”[7] Since the Republican Party of Connecticut was not able to choose who it wanted to vote in the primary, the United States Supreme Court, in a 5-4 decision, stated that the closed primary law in Connecticut “impermissibly burdens the right of the Party and its members protected by the First and Fourteenth Amendments.”[7]
Voting rights in the United States Eligibility to vote in the United States is established both through the federal constitution and by state law. Several constitutional amendments (the 15th, 19th, and 26th specifically) require that voting rights cannot be abridged on account of race, color, previous condition of servitude, sex, or age for those above 18; the constitution as originally written did not establish any such rights during 1787â€“1870. In the absence of a specific federal law or constitutional provision, each state is given considerable discretion to establish qualifications for suffrage and candidacy within its own respective jurisdiction; in addition, states and lower level jurisdictions establish election systems, such as at-large or single member district elections for county councils or school boards.