Wednesday, March 26, 2008

Is the Washington primary law unconstitutional?

Michigan's law was struck down because voter lists would only be distributed to the parties, not to anyone who wants them.

Read Washington's law:
For a political party that requires a specific voter declaration under this section, the secretary of state shall prescribe rules for providing, to the state and county committees of that political party, a copy of the declarations or a list of the voters who participated in the presidential nominating process of that party.
Michigan's law:

(3) The secretary of state shall develop a procedure for city and township clerks to use when keeping a separate record at a presidential primary that contains the printed name, address, and qualified voter file number of each elector and the participating political party ballot selected by that elector at the presidential primary.

(4) Except as otherwise provided in this section, the information acquired or in the possession of a public body indicating which participating political party ballot an elector selected at a presidential primary is confidential, exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be disclosed to any person for any reason.

(5) To ensure compliance with the state and national political party rules of each participating political party and this section, the records described in subsection (3) shall be provided to the chairperson of each participating political party as set forth in subsection (6).

(6) Within 71 days after the presidential primary, the secretary of state shall provide to the chairperson of each participating political party a file of the records for each participating political party described under subsection (3). The secretary of state shall set a schedule for county, city, and township clerks to submit data or documents required under subsection (3). The secretary of state and county, city, and township clerks shall destroy the information indicating which participating political party ballot each elector selected at the presidential primary as recorded in subsection (3) immediately after the expiration of the 22-month federal election records retention period.

Anyone? Citizen Steve, what say you?

Update: Ballot Access blog has their say. And, as usual, its a good one.

2 comments:

CitizenSteve said...

The list of voters in the Washington Presidential primary is a public record. The Sec. o' State sez:
Frequently Asked Questions: Order the List of Presidential Primary Voters (PPV)


What is the PPV list?
State law requires the Secretary of State to establish rules for releasing a list of voters who participated in the Presidential Primary by marking a political party oath. The lists, considered public record under state law, will be turned over to the state and county committees of each major political party. (RCW 29A.56.050(4)).

Who may request the PPV list?
Anyone may request the PPV list, not just representatives of the major political parties.

When will the PPV list be available?
The list will be available beginning March 27, 2008.

How much does the PPV list cost?
A copy of the list, provided on a CD-ROM, is $30. This fee covers the cost of producing the list, as provided by law (RCW 42.56.120).
PPV FAQ

CitizenSteve said...

btw - my blog is Washington Outsiders