United States Ninth Circuit

In an action brought by the Democratic Party of Hawaii challenging Hawaii's open primary system on the grounds that allowing registered voters to participate in any party's primary without formally joining or declaring support for that party, severely burdens the Democratic Party's First Amendment associational rights, the District Court's grant of summary judgment to the Chief Election Officer is affirmed where: 1) the extent to which Hawaii's open primary system burdens the Democratic Party's associational rights is a factual question on which the Party bore the burden of proof; 2) the Party had not developed any evidence to meet this burden; and 3) absent evidence that Hawaii's system affects the Party's ability to select its nominees, the Party's facial challenge failed.

Appellate Information

• Published 2016/08/15

Judges

• TASHIMA

Court

• United States Ninth Circuit

Counsel