US Appeals court sides with Libertarians in Oklahoma primary dispute

DENVER (AP) -- Oklahoma laws that prohibit Republicans and Democrats from voting in Libertarian primaries are too broad, a federal appeals court ruled Tuesday.<br><br>The 10th U.S. Circuit Court of Appeals

Wednesday, April 7th 2004, 12:00 am

By: News On 6

DENVER (AP) -- Oklahoma laws that prohibit Republicans and Democrats from voting in Libertarian primaries are too broad, a federal appeals court ruled Tuesday.

The 10th U.S. Circuit Court of Appeals reversed an Oklahoma district court that had refused to suspend the laws during the 2004 elections as requested by the Libertarian Party of Oklahoma.

The Denver-based 10th Circuit said changing the laws would not create political instability in the state or undermine the integrity of the election process, as the Oklahoma Election Board argued.

The court said Oklahoma's laws were not narrowly tailored and sent the case back to state district court.

Oklahoma law allows for a semi-closed primary system, in which political parties may invite only their own members and voters registered as Independents to vote in primary and run-off elections, the ruling said.

"This is a good victory for the First Amendment," said Tulsan James Linger, a lawyer for the Libertarian Party of Oklahoma. "They (the appellate judges) are saying each political party can decide on its own" whether to allow registered voters of other parties to cast ballots in its primary and runoff elections.

The ruling does not stop parties from closing their primary elections to members of other parties.

The state Libertarian Party had sought to invite all registered voters, regardless of their party affiliation, to vote in its primary elections in 2000 and 2004. The state Election Board denied both requests.

The party and a handful of registered Republicans and Democrats filed a lawsuit, arguing the laws violated their freedom of association and free speech. They asked for a permanent injunction to suspend the elections laws.

The Election Board had argued its current voting system ensured primary elections reflected the interests of party members.

The Republican and Democratic state party chairmen and State Election Board Secretary Michael Clingman also had not seen the ruling.

State Democratic Chairman Jay Parmley said his party had long held that "members of our party should choose who our nominee is."

"I don't think it's smart that any political party would stand for open primaries," Parmley said.

State Republican Chairman Gary Jones said he needed to see the ruling before commenting on it.