CLINGMAN v. BEAVER

Legal Principle at Issue

Whether Oklahomas semi-closed primary law, which allows parties to invite independents to vote in primaries, violates the petitioners First Amendment associational rights.

Action

Reversed and remanded. Petitioning party received a favorable disposition.

Facts/Syllabus

Under Oklahoma’s semi-closed primary law, a political party may invite only its own registered members and voters registered as Independents to vote in its primary. In May 2000, the Libertarian Party of Oklahoma notified the secretary of the Oklahoma State Election Board that it wanted to open its upcoming primary to all registered Oklahoma voters, without regard to their party affiliation. The secretary agreed as to Independent voters, but not as to voters registered with other political parties. The LPO and several Republican and Democratic voters then sued for declaratory and injunctive relief in the U.S. District Court for the Western District of Oklahoma, alleging that Oklahoma's semiclosed primary law unconstitutionally burdens their First Amendment right to freedom of political association. 

After a hearing, the District Court declined to enjoin Oklahoma's semiclosed primary law for the 2000 primaries. After a 2-day bench trial following the primary election, the District Court found that Oklahoma's semiclosed primary system did not severely burden respondents' associational rights. Further, it found that any burden imposed by the system was justified by Oklahoma's asserted interest in "preserving the political parties as viable and identifiable interest groups, [and] insuring that the results of a primary election . . . accurately reflect the voting of the party members." The District Court therefore upheld the semiclosed primary statute as constitutional.

On appeal, the U.S. Court of Appeals for the Tenth Circuit reversed the judgment of the District Court. The Tenth Circuit concluded that the Oklahoma's semiclosed primary statute imposed a severe burden on respondents' associational rights, and thus was constitutional only if the statute was narrowly tailored to serve a compelling state interest. Finding none of Oklahoma's interests compelling, the Tenth Circuit enjoined Oklahoma from using its semiclosed primary law. Because the Tenth Circuit's decision not only prohibits Oklahoma from using its primary system but also casts doubt on the semiclosed primary laws of 23 other States, the Supreme Court granted certiorari in 2004.