EDITORIAL: Political parties should have the right to determine how their candidates are selected

Who should decide how a political party selects its candidates? The question is at the heart of a lawsuit now working its way through the federal courts.

The case arose in Utah, where lawmakers in 2014 passed legislation making it easier for those interested in running for office to gain ballot access as a Democrat or Republican. The stated intent was to increase participation.

Under the law, a candidate may choose to bypass a party’s caucus or convention nominating process and instead meet a signature requirement to appear on the primary ballot as a Republican or Democrat.

The state GOP promptly sued, arguing that the statute unconstitutionally infringes on its right to choose its own candidates.

A federal judge upheld the law, but on Monday, the matter landed before a three-judge panel of the 10th U.S. Circuit Court of Appeals. “Several members of the panel did question,” The Associated Press reported, “whether Utah’s goal of broader participation outweighs the party’s objections.”

Good. The law, however well-intentioned, is an affront to freedom of association. If a party banner is to mean anything, these organizations must retain the right to determine the process for putting candidates in front of voters. The state should have no role in dictating such details to private political institutions.

Supporters of “open primaries” — in which a party’s primary elections are open to everyone, regardless of political affiliation — also argue that they are simply trying to expand the democratic process. A bill imposing such a system in Nevada failed during the 2017 legislative session but will no doubt be resurrected in 2019.

Here, again, the push to broaden participation clearly infringes on the First Amendment rights of political parties to control their own nominating procedures.

Whether caucuses or conventions are the fairest or best way for parties to determine their candidate slate — or whether they serve primarily to empower party extremists — is a matter for legitimate debate. In the end, however, those registered as Democrats, Republicans, Libertarians, Greens or as members of any other party have the right to make their own determinations regarding their own political candidates.

The 10th Circuit should toss the Utah law as patently unconstitutional.