Democratic Party of United States v. Wisconsin Ex Rel. La Follette

Background

The State of Wisconsin, the Wisconsin Democratic Party, and the Democratic National Committee disputed how Wisconsin’s Presidential preference primary affected selection of delegates to the national convention. Wisconsin runs an “open” primary where voters need not publicly declare party affiliation. State law then required delegates chosen later to be bound to vote in accordance with that open primary. The Wisconsin Supreme Court held the State could require the national convention to honor those binding results.

Reasoning

The U.S. Supreme Court asked whether a State may force a national political party to seat delegates chosen in a way that violates the party’s internal rules requiring public party affiliation. Relying on earlier precedent protecting political parties’ freedom of association, the Court held that a State may conduct an open primary but cannot constitutionally compel a national party to seat delegates when the binding method of selection violates the Party’s rules. The National Party’s position prevailed and the Wisconsin Supreme Court judgment was reversed.

Real world impact

States remain free to keep open primaries to encourage voter participation and secrecy of the ballot. But national parties may enforce their own delegate-selection rules and refuse to seat delegates bound by state-imposed procedures that conflict with those rules. The case affects state election officials, state parties, national party committees, and delegates who are chosen under conflicting state and party procedures.

Dissents or concurrances

Justice Powell (joined by Justices Blackmun and Rehnquist) dissented, arguing Wisconsin’s open primary imposed only a minimal burden on party association and that the State’s interests in participation and ballot secrecy justified the law.