Recently, there’s been an uptick of support at the Independent Voter Network (IVN) for an election reform proposal called “The Public Ballot”. This was first introduced in California by two Republican assembly members as ACR 145 – 2016. A very similar proposal called “The Peoples Primary” was introduced in the Oregon legislature by Republicans in 2017 as HB-3140.
These proposals look a lot like the hybrid primary, and the posts at IVN use a lot of the same rhetoric and language that’s used to argue for the hybrid primary. Both proposals use three different ballots – just like the hybrid primary, and the posts at IVN even use a diagram showing the three ballots side-by-side, just like the posts here. So let’s compare the diagrams to see how the proposals match up.
Shown first below – for reference, is the diagram of the three ballots available to voters in a closed primary state like Oregon. Note that all un-affiliated candidates are excluded. The Republican Ballot shows only Republican candidates, and the Democratic Ballot shows only Democratic candidates. The Nonpartisan ballot, required for all unaffiliated voters shows no candidates at all – effectively excluding all unaffiliated voters. In a closed primary state, all unaffiliated voters and candidates may be legally excluded because both the state and federal courts have declared that major party primaries are “private” nominating functions.
Shown next – for reference, is a diagram of the three ballots available to voters in a hybrid primary state. Note that no candidate or voter is excluded, and the name of every candidate appears on every ballot. Like the top-two primary, the hybrid primary is a single open election. The private party primaries and their associated exclusion are permanently abolished.
A two stage vote tally insures a fair election by providing major parties the ability to consolidate their support behind a single candidate for each office, and the three different ballots are necessary to facilitate the initial partisan tally. Nonetheless, there are no private primaries because political parties do not nominate candidates to the general election ballot in a hybrid primary state. Only the top four candidates advance to the general election and these four candidates are chosen by voters in the primary.
Finally, shown below are the three ballots used in a public ballot state. The exact details of the public ballot proposal are a little sketchy, but the general idea is captured by the three ballots shown. Note that this primary is in fact, a closed primary. The major party primaries remain unchanged as private political party functions and all unaffiliated candidates and voters are excluded.
In a free, open election, all voters and candidates participate regardless of party affiliation, and the name of every candidate appears on every ballot. Minor party and Independent candidates must have an equal and unfettered opportunity to solicit the support of major party voters. Unlike the hybrid and top-two primaries, the public ballot does not provide an equal opportunity for Minor Party and Independent candidates. In a closed primary, an artificial barrier is used to prevent major party voters from crossing party lines.
The public ballot proposal is not election reform – it’s exactly the opposite. The public ballot proposal perpetuates and safeguards the major party primaries as private political party functions. In spite of claims to the contrary, there is no attempt to eliminate voter or candidate exclusion. It’s a sham.
“ IVP’s solution would have no effect on the Democrat or Republican ballot and the parties would be able to choose whether or not to consider the results of the public presidential primary ballot in choosing their presidential nominee.
Bottom Line: Let the parties keep their own ballots. Let the parties exclude or include whoever they want. Let the parties decide their own rules of nomination. “
HB-3140 was introduced by two Republican lawmakers in 2017 – Knute Buehler (R-Bend) and Rich Vial (R-Scholls). In 2018, Rich Vial ran for re-election as the incumbent in Oregon House District 26. He was defeated by Democrat Neron Courtney (51% to 47%). Knute Buehler resigned his house seat to run for Governor in 2018. He was defeated by Democrat Kate Brown. Interestingly, according to political analysts that covered the campaign, Brown was ultimately victorious in part, because she was able to convince voters that Buehler could not be trusted. Perhaps there’s a lesson to be learned here for Republicans in other states.