Help us improve in just 2 minutes—share your thoughts in our reader survey.
Crum v. Duran
|
|
 |
| Select a state from the menu below to learn more about its election administration. |
Crum v. Duran was decided by the New Mexico Supreme Court in 2017. The plaintiff, an unaffiliated voter, alleged that New Mexico's closed primary system, which requires a voter to declare affiliation with a party in order to vote in its primary, violated his voting rights as guaranteed by Article II, Section 8, of the New Mexico Constitution. On February 6, 2017, the state supreme court affirmed a trial court decision dismissing the complaint, upholding the constitutionality of New Mexico's primary system.[1]
Background
- See also: Primary elections in New Mexico
Primary elections allow voters to determine which candidates compete in the general election and can be nonpartisan or partisan. In partisan primaries, voters choose the candidates they prefer for a political party to nominate in the general election.
The laws governing primary elections vary from state to state and can even vary within states by locality and political party. For example, only registered party members are allowed to vote in closed primaries, while registered party members and unaffiliated voters are allowed to vote in semi-closed primaries, and all voters are allowed to vote in open primaries.
Primary elections also vary by the way their outcomes are determined. Majority systems require the winning candidate to receive at least fifty percent of the votes cast, while plurality systems do not. In top-two primaries, top-four primaries, and blanket primaries, all candidates are listed on the same ballot, regardless of partisan affiliation.
New Mexico utilizes a closed primary system. State law stipulates that only registered party members may participate in a party's primary election.[2][3][4]
Case history
In 2015, David Crum, an unaffiliated voter residing in Albuquerque, New Mexico, filed suit in state court against Dianna Duran and Maggie Toulouse Oliver, in their capacities as secretary of state and Bernalillo County Clerk, respectively. Crum argued that "the Free and Open Clause of Article II, Section 8 of the New Mexico Constitution entitles him to vote during primary elections without registering with a major political party because he is a qualified voter under Article VII, Section 1." The court ordered that the state-level Democratic and Republican parties join the suit as defendants. The Republican Party of New Mexico filed a motion to dismiss the complaint, which was granted. Crum appealed to the New Mexico Court of Appeals, which certified the case to the New Mexico Supreme Court on August 8, 2016.[1][5][6]
Decision
On February 6, 2017, the New Mexico Supreme Court affirmed the trial court's decision in the case, upholding the constitutionality of New Mexico's closed primary system. Edward Chavez penned the court's majority opinion, which read, in part, as follows:[1]
| “ | Although the Free and Open Clause [of the New Mexico Constitution] is intended to promote voter participation during elections, the Legislature has the constitutional power to enact laws that 'secure the secrecy of the ballot and the purity of elections and guard against the abuse of [the] elective franchise.' Requiring voters to designate their affiliation with a major political party at least twenty-eight days before the primary election, and only allowing voters to vote for candidates of a party which is designated on their voter registration, are reasonably modest burdens which further the State's interest in securing the purity of and efficiently administering primary elections.[7] | ” |
Chief Justice Charles Daniels and Associate Justices Petra Jimenez Maes and Barbara J. Vigil concurred in Chavez's opinion.[1]
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Supreme Court of the State of New Mexico, "Crum v. Duran: Opinion," February 6, 2017
- ↑ FairVote, "Who Can Vote in Congressional Primaries," accessed August 17, 2017
- ↑ National Conference of State Legislatures, "State Primary Election Types," July 21, 2016
- ↑ New Mexico Secretary of State, "1-12-7. Conduct of election; persons not permitted to vote," accessed August 24, 2017
- ↑ Ballot Access News, "Hearing in New Mexico State Court on February 10 in Crum v. Duran," February 9, 2015
- ↑ KRQE News 13, "Attorney: Let independents vote in primaries," February 9, 2015
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
