Clingman v. Beaver

544 U.S. 581, 125 S. Ct. 2029, 161 L. Ed. 2d 920, 2005 U.S. LEXIS 4181
CourtSupreme Court of the United States
DecidedMay 23, 2005
Docket04-37
StatusPublished
Cited by238 cases

This text of 544 U.S. 581 (Clingman v. Beaver) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clingman v. Beaver, 544 U.S. 581, 125 S. Ct. 2029, 161 L. Ed. 2d 920, 2005 U.S. LEXIS 4181 (2005).

Opinions

Justice Thomas

delivered the opinion of the Court, except as to Part II-A.

Oklahoma has a semiclosed primary system, in which a political party may invite only its own party members and voters registered as Independents to vote in the party’s primary. The Court of Appeals held that this system violates the right to freedom of association of the Libertarian Party of Oklahoma (LPO) and several Oklahomans who are registered members of the Republican and Democratic Parties. We hold that it does not.

I

Oklahoma’s election laws provide that only registered members of a political party may vote in the party’s primary, [585]*585see Okla. Stat. Ann., Tit. 26, § 1-104(A) (West 1997), unless the party opens its primary to registered Independents as well, see § 1-104(B)(1). In May 2000, the LPO 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. See § 1-104(B)(4) (requiring notice when a party opens its primary to Independents). Pursuant to § 1-104, 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 United States 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. App. 20.

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.” Memorandum Opinion, Case No. CIV-00-1071-F (WD Okla., Jan. 24,2003), App. to Pet. for Cert. 55-56 (hereinafter Memorandum Opinion) (internal quotation marks omitted). The District Court therefore upheld the semiclosed primary statute as constitutional. Id., at 72-73.

On appeal, the Court of Appeals for the Tenth Circuit reversed the judgment of the District Court. The Court of Appeals concluded that the State’s semiclosed primary statute imposed a severe burden on respondents’ associational rights, and thus was constitutional only if the statute was [586]*586narrowly tailored to serve a compelling state interest. 363 F. 3d 1048, 1057-1058 (2004). Finding none of Oklahoma’s interests compelling, the Court of Appeals enjoined Oklahoma from using its semiclosed primary law. Id., at 1060-1061. Because the Court of Appeals’ decision not only prohibits Oklahoma from using its primary system but also casts doubt on the semiclosed primary laws of 23 other States,1 we granted certiorari. 542 U. S. 965 (2004).

t — I I — (

The Constitution grants States broad power to prescribe the ‘Times, Places and Manner of holding Elections for Senators and Representatives,’ Art. I, §4, cl. 1, which power is matched by state control over the election process for state offices.” Tashjian v. Republican Party of Conn., 479 U. S. 208, 217 (1986); Timmons v. Twin Cities Area New Party, 520 U. S. 351, 358 (1997) (quoting Tashjian). We have held that the First Amendment, among other things, protects the right of citizens “to band together in promoting among the electorate candidates who espouse their political views.” California Democratic Party v. Jones, 530 U. S. 567, 574 (2000). Regulations that impose severe burdens on associational rights must be narrowly tailored to serve a compelling state interest. Timmons, 520 U. S., at 358. However, [587]*587when regulations impose lesser burdens, “a State’s important regulatory interests will usually be enough to justify reasonable, nondiscriminatory restrictions.” Ibid, (internal quotation marks omitted).

In Tashjian, this Court struck down, as inconsistent with the First Amendment, a closed primary system that prevented a political party from inviting Independent voters to vote in the party’s primary. 479 U. S., at 225. This case presents a question that Tashjian left open: whether a State may prevent a political party from inviting registered voters of other parties to vote in its primary. Id., at 224, n. 13. As Tashjian acknowledged, opening a party’s primary “to all voters, including members of other parties, . . . raise[s] a different combination of considerations.” Ibid. We are persuaded that any burden Oklahoma’s semiclosed primary imposes is minor and justified by legitimate state interests.

A

At the outset, we note that Oklahoma’s semiclosed primary system is unlike other laws this Court has held to infringe associational rights. Oklahoma has not sought through its electoral system to discover the names of the LPO’s members, see NAACP v. Alabama ex rel. Patterson, 357 U. S. 449, 451 (1958); to interfere with the LPO by restricting activities central to its purpose, see NAACP v. Claiborne Hardware Co., 458 U. S. 886, 895 (1982); NAACP v. Button, 371 U. S. 415, 423-426 (1963); to disqualify the LPO from public benefits or privileges, see Keyishian v. Board of Regents of Univ. of State of N. Y., 385 U. S. 589, 595-596 (1967); or to compel the LPO’s association with unwanted members or voters, see Jones, supra, at 577. The LPO is free to canvass the electorate, enroll or exclude potential members, nominate the candidate of its choice, and engage in the same electoral activities as every other political party in Oklahoma. Oklahoma merely prohibits the LPO from leaving the selection of its candidates to people who are members of [588]*588another political party. Nothing in § 1-104 prevents members of other parties from switching their registration to the LPO or to Independent status.2 The question is whether the Constitution requires that voters who are registered in other parties be allowed to vote in the LPO’s primary.

In other words, the Republican and Democratic voters who have brought this action do not want to associate with the LPO, at least not in any formal sense. They wish to remain registered with the Republican, Democratic, or Reform parties, and yet to assist in selecting the Libertarian Party’s candidates for the general election. Their interest is in casting a vote for a Libertarian candidate in a particular primary election,3

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Cite This Page — Counsel Stack

Bluebook (online)
544 U.S. 581, 125 S. Ct. 2029, 161 L. Ed. 2d 920, 2005 U.S. LEXIS 4181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clingman-v-beaver-scotus-2005.