Hawaii: Democrats say primary law is unconstitutional | The Maui News
In a federal lawsuit, the Democratic Party of Hawaii claims the state’s primary election law is unconstitutional. Hawaii’s primary system that allows every registered voter to participate in the party’s nomination process is tantamount to forced political association, in violation of the First Amendment, according to the lawsuit filed Monday. The party prefers a primary that allows distinguishing voters by political orientation. The law prevents the party “from exerting any control over who may participate in the nomination of its candidates,” the lawsuit states, resulting in the “active, earnest and faithful” party members being “substantially outnumbered in their own nomination process, by persons unknown to (the party).”
