Hawaii Democratic Party Fails to Prove Open Primaries are Unconstitutional

Published: 15 Nov, 2013
2 min read

On Thursday, a federal district court in Hawaii upheld the state’s open primary system, ruling that the plaintiff in the case, the Democratic Party of Hawaii (DPH), failed to provide sufficient evidence that Hawaii’s open primary system violated the First Amendment.

The DHP argued that the open primary system infringed on its First Amendment right of association because such a right includes the ability to “limit its association to people who share its views.”

Because voters do not have to state party affiliation -- or lack thereof -- when they register to vote and can freely choose between the Republican or Democratic ticket during primary elections, the DPH insisted that its constitutional right was severely burdened if it has no way of knowing with whom it is associating.

The fundamental argument of the party is that its right to restrict persons from participation in its primaries trumps the constitutional right all voters have to be able to cast a meaningful vote. While partisan primaries pick the party's candidate, they also decide the limited selection of candidates all voters will have to choose from in the general election -- not to mention they are paid for with public funds.

From Judge Michael Seabright:

The DPH would likely not be ‘severely’ burdened by not being able to reject persons who fully embrace its values. The possibility of crossover voters might make no difference.

While crossover voting is a common argument made by parties nationwide either to keep a closed primary system or reform current election laws to close party primaries, the DPH filed a lawsuit on the assumption that it could happen instead of presenting evidence that it was happening.

The court ruled that while anonymity creates some burden, it cannot assume the DPH is severely burdened by it.

Furthermore, citing Washington State Grange v. Washington State Republican Party, the court found that the plaintiff's argument also rested on the assumption of voter confusion which also failed court scrutiny because of the same absence of evidence.

Read the full ruling here.

In this article

You Might Also Like

The Federal Voter ID Bill Is Designed to Fail. Here's Why
The Federal Voter ID Bill Is Designed to Fail. Here's Why
Most Americans support voter ID, so why is this fight so explosive? It’s simple: the two-party system keeps turning a broadly popular reform into a partisan weapon. Instead of solving the issue, both sides use it to energize their base and deepen distrust....
12 Mar, 2026
-
3 min read
Paul Rieckhoff Tells Stephen Colbert: Voters Shouldn't Have to Pick a Party to Matter
Paul Rieckhoff Tells Stephen Colbert: Voters Shouldn't Have to Pick a Party to Matter
Paul Rieckhoff wears many hats. He is a veteran of the Iraq War, founded Iraq and Afghanistan Veterans of America, national security analyst, author, producer, podcaster, and founder of Independent Veterans of America....
11 Mar, 2026
-
2 min read
Did New Petition Rules Kill Oklahoma’s Open Primaries Initiative?
Did New Petition Rules Kill Oklahoma’s Open Primaries Initiative?
Last week, the Oklahoma campaign to put a nonpartisan all-voter and all-candidate nonpartisan primary initiative on the ballot was informed that it did not collect enough signatures to be certified. This means state voters won’t get a say on the matter in 2026....
10 Mar, 2026
-
5 min read
How James Talarico Won Over Independents Amid Texas Primary Chaos
How James Talarico Won Over Independents Amid Texas Primary Chaos
James Talarico wins Texas’ Democratic Senate primary as campaigns point to unusually high independent participation in the state’s open primary system. Then Dallas County’s last-minute switch back to precinct-only voting sparks confusion, long lines, and a legal fight over ballots cast after 7 p.m....
05 Mar, 2026
-
3 min read
Don’t Kill Top Two. Upgrade It: A Smarter Way to Elect California’s Governor
Don’t Kill Top Two. Upgrade It: A Smarter Way to Elect California’s Governor
The answer to today’s crowded field is not retreat. It is modernization. Instead of empowering party gatekeepers, we can empower voters with more choice, less vote splitting, and majority-supported outcomes....
03 Mar, 2026
-
4 min read
No Referee in the Midterms? Trump’s FEC Nominations Come After 10 Months of Zero Federal Oversight
No Referee in the Midterms? Trump’s FEC Nominations Come After 10 Months of Zero Federal Oversight
As February wrapped up, it was reported that President Donald Trump had nominated two Republicans for the Federal Elections Commission after 10 months of the agency being unable to perform its basic functions....
02 Mar, 2026
-
9 min read