A Republican senator has filed a bill aimed at permitting independents, who make up more than a quarter of Arizona’s voting population, to vote in presidential primary elections.
The bill would permit Republicans to also have a choice of party ballots. But the opportunity would not extend to Democrats, creating an apparent disadvantage for the latter because they could only vote on their own party ticket.
Allowing the unaffiliated to cast a ballot will somewhat conform the rules governing Arizona’s Presidential Preference Election to the state’s other primaries, in which a voter may choose which party’s ballot he or she will use to vote.
Right now, voters must be registered with a party to be able to cast a ballot in that party's presidential primary.
As of October, 38.2 percent of Arizona voters are Republicans, 32.9 percent are Democrats and a significant size — 28.1 percent — are independents or are registered under the “Other” category.
“Our aim is to make sure that the independents are not disenfranchised this year during the presidential preference primary,” said Sen. Jack Harper, R-4, the bill’s author.
Harper declined to explain in detail the reason for the different treatment of the two major parties. He did, however, have this to say: “We Republicans — we are more in line with the majority of the people in Arizona.”
Harper added that Democratic Party has come to represent “very small liberal constituency groups.” Also, it has “become the known party of pandering to illegal aliens, anarchy, and burning the American flag in front of returning soldiers and calling it free speech,” he said.
In any case, it might be too late for Feb. 5 primaries. The bill has an emergency clause, but early voting will have begun by the time the Legislature convenes on Jan. 14. Besides, any change to the state’s election laws must be approved by the U.S. Department of Justice.
Under S1064, voters of the party with the highest registration by the cutoff date – currently Republicans – may choose which party’s ballot to use. Likewise, voters who are registered as unaffiliated, independent or in a party not officially recognized have the same option.
However, voters registered in a recognized party other than the one with the highest number of registered voters must vote in the primary of the party of their registration. Right now, the GOP has the most registered voters in the state.
So, the bill would have the effect of permitting Republicans and independents to choose with party’s ballot to vote, but not Democrats.
“I think what this really shows is how absurdly partisan some of the senators in the republican caucus are,” said Bittner.
Sen. Jim Waring, R-7, is a co-sponsor of the measure. Waring’s district has a sizable chunk of independent voters — bigger, in fact, than the number of registered Democrats.
But Waring said his support was premised on the idea of allowing independents to vote in the primaries, not disparate treatment of Republicans and Democrats.
“First of all, I think it should be fair for all. Everybody should be treated the same,” Waring said. “If it doesn’t treat the Republicans and Democrats the same, then that would be an issue for me.”
The bill would have to be changed to ensure equal treatment to still have his support, he said.
Lawmakers and others interviewed were generally receptive to the idea of permitting independents to vote in presidential primaries, noting the unaffiliated are already permitted to vote in the state’s other primaries. But some reacted with amusement at the concept of locking out Democrats.
Senate Minority Leader Marsha Arzberger told the Arizona Capitol Times: “I think that has to be a drafting error. Are you sure he isn't just having fun with you on that one?”
“I'm wondering why he is giving the Republicans the opportunity to vote in the Democratic primary,” said Sen. Jorge Luis Garcia, D-27. “Hey, I like Senator McCain. I think Senator McCain is great, and I don’t get the chance to vote for Senator McCain until the general (election.) It cheats me out of my opportunity to vote for him.”
A caucus colleague, Sen. Karen Johnson, R-18, said it is “probably a little overboard.”
Told about the apparent disparity, Senate Majority Whip John Huppenthal said: “Are you kidding me?”
The Arizona Republican Party’s executive director, Sean McCaffrey, said: “I haven't read it, but read that he’s willing to amend it to include Democrats as well as Republicans and independents in the mix. His frustration with mainstream Democrat leadership over their repeated votes to de-fund American troops serving overseas is understandable, but concerning actual legislation regarding the elections, he is willing to include everyone. That said, however, it’s not something we’re considering for the 2008 election.”
Garcia emphasized that he is not particularly excited about allowing independents to vote in the presidential primaries, but recognized that “eventually we will have to cross that bridge.”
“That’s the way it is for all the other elections,” Huppenthal said. “I never quite understood why it didn’t apply to the presidential (primaries) too.”
Johnson said she has no problem with it. “I think anybody that is a registered voter ought to have a right to vote in whatever election comes up. You know, I understand why people want to be registered independents.”
“Concerning opening the primary,” said McCaffrey, “independents wishing to participate in the Republican Party's presidential preference election had the opportunity to register (until midnight Jan. 7) with the Republican Party. Thousands upon thousands of voters across the state did, with either the Republican or Democrat Party in order to participate."
Bittner said the Democratic Party would welcome independents’ participation.
Meanwhile, Waring said he had thought of introducing a similar legislation himself. However, he said it could be more difficult than it appears to pass the legislation. He was referring to an opinion Gov. Janet Napolitano wrote when she was attorney general.
Arizona’s laws now allow registrants to vote in the local, state and congressional primaries, a result of a 1998 ballot measure approved by voters.
In 1999, then-Attorney General Napolitano wrote an opinion stating that Arizona’s open-primary provision “does not extend to presidential preference elections.” “While the primary election requirement specifies most political offices in Arizona, it makes no mention of, and therefore excludes, the Office of the President of the United States,” she said.