By Derrick DePledge
ddepledge@staradvertiser.com
Hawaii Democrats intend to file a lawsuit challenging the state’s open primary system, arguing that the process undermines the party’s ability to select nominees for political office.
Voters are now free to choose which party ballot to pull during primary elections regardless of their party registration. Since Democrats dominate Hawaii politics, most voters — including a significant number of Republicans — often vote in Democratic primaries because they are usually the most competitive.
Several Democratic Party activists have prodded the party for several years to file a lawsuit against the open primary system, but the idea was quashed after objections from U.S. Sen. Daniel Inouye, who died in December, and other prominent Democrats and their allies in labor.
Tony Gill, an attorney who resigned Tuesday as chairman of the Oahu Democrats, said he would take the case on behalf of the party. The suit, which is still being drafted, would likely be filed against the state Office of Elections.
Hawaii had a closed primary system from 1968 to 1978, when voters, after a state Constitutional Convention, agreed to convert to open primaries.
Hawaii is one of 11 states with open primary systems, according to the National Conference of State Legislatures.
“The primary election is a nomination procedure, not an election. It is a party nomination taken over by the state for various historical reasons,” said Gill, who resigned his party post to avoid any conflict and to free up time to work on the case.
The U.S. Supreme Court has ruled that states must consider the First Amendment right of association when regulating how primaries are conducted.
Gill said the Democrats’ lawsuit would be “an attempt to apply First Amendment associational law to the current situation.”
Inouye and other top Democrats had warned that a lawsuit challenging the open primary system might undercut the party’s message of inclusiveness. The issue has caused tension between party activists who want candidates to adhere more closely to the party’s platform and elected Democrats who have to appeal to a broader constituency.
Nacia Blom, executive director of the Hawaii Republican Party, said Republicans are not interested in joining the Democrats in the lawsuit, “because I believe in a democratic process,” she said.
