clingman secretary oklahoma state election board et al beaver et argued january decided may oklahoma semiclosed primary law political party may invite registered members voters registered independents vote primary libertarian party oklahoma lpo notified state election board wanted open upcoming primary registered voters regardless party affiliation board agreed independents parties members lpo several oklahomans registered republicans democrats sued equitable relief alleging oklahoma statute unconstitutionally burdens first amendment right freedom political association district upheld statute grounds severely burden respondents associational rights burden imposed justified oklahoma asserted interests preserving parties viable identifiable interest groups ensuring primary results accurately reflect party members voting reversing tenth circuit concluded statute imposed severe burden respondents associational rights narrowly tailored serve compelling state interest held judgment reversed case remanded reversed remanded justice thomas delivered opinion except part concluding oklahoma semiclosed primary system violate right freedom association burden imposes minor justified legitimate state interests pp first amendment protects citizens right band together promoting among electorate candidates espouse political views california democratic party jones regulations imposing severe burdens associational rights must narrowly tailored serve compelling state interest impose lesser burdens state important regulatory interests usually enough justify reasonable nondiscriminatory restrictions timmons twin cities area new party tashjian republican party left open question whether state may prevent political party inviting registered voters parties vote primary pp oklahoma system severely burden associational rights disagrees respondents argument burden oklahoma imposes less severe burden issue tashjian thus must apply strict scrutiny tashjian tashjian applied strict scrutiny without carefully examining burden associational rights every electoral law burdening associational rights subject strict scrutiny appropriate burden severe jones supra requiring voters register party participating primary minimally burdens voters associational rights moreover tashjian distinguishable oklahoma semiclosed primary imposes even less substantial burden connecticut closed primary issue tashjian unlike law oklahoma system require independent voters affiliate publicly party vote primary deem ordinary widespread burdens like severe subject virtually every electoral regulation strict scrutiny hamper ability run efficient equitable elections compel federal courts rewrite state electoral codes constitution require result pp oklahoma primary advances number regulatory interests recognizes important preserv es political parties viable identifiable interest groups nader schaffer supp aff enhances parties electioneering efforts guards party raiding sore loser candidacies spurned primary contenders storer brown pp declines consider respondents expansion challenge include several oklahoma ballot access voter registration laws claims neither raised decided see cooper industries aviall services respondents pointed unusual circumstances warranting consideration see taylor freeland kronz pp justice thomas joined chief justice justice scalia justice kennedy concluded part voter unwilling disaffiliate another party order vote lpo primary forms little association lpo lpo see tashjian supra even oklahoma system burdens associational right burden less severe others upheld constitutional reasons underpinning timmons supra show oklahoma system burdens lpo minimally timmons oklahoma law regulate lpo internal processes authority exclude unwanted members capacity communicate public timmons minnesota law conditioned party ability nominate candidate choice candidate willingness disaffiliate another party oklahoma conditions party ability welcome voter primary voter willingness dissociate current party choice party may prevented associating desired standard bearer refuses disaffiliate another party may also prevented associating voter refuses oklahoma system imposes even slighter burden voters lpo disaffiliation difficult parties registered members wish vote lpo primary simply need file form changing registration voters locked unwanted party affiliation see kusper pontikes nominal effort free vote lpo primary pp justice joined justice breyer except part iii agreed reasoning wrote separately emphasize two points first libertarian party oklahoma lpo voters registered another party constitutionally cognizable interests associating one another lpo primary interests minimized dispose case second correct oklahoma semiclosed primary law properly review standing alone imposes modest nondiscriminatory burden respondents associational rights burden justified state legitimate regulatory interests grounds concern oklahoma laws governing party recognition changes party affiliation may unreasonably restrict voters ability participate lpo primary realistic assessment regulatory burdens associational rights appropriate case require examination cumulative effects state overall primary scheme finding severe burden trigger probing review state justifications pp thomas delivered opinion except part rehnquist scalia kennedy joined opinion full breyer joined except part filed opinion concurring part concurring judgment breyer joined except part iii stevens filed dissenting opinion ginsburg joined souter joined parts ii iii michael clingman secretary oklahoma state election board et petitioners andrea beaver et al writ certiorari appeals tenth circuit may justice thomas delivered opinion except part oklahoma semiclosed primary system political party may invite party members voters registered independents vote party primary appeals held system violates right freedom association libertarian party oklahoma lpo several oklahomans registered members republican democratic parties hold oklahoma election laws provide registered members political party may vote party primary see stat tit west unless party opens primary registered independents well see may lpo notified secretary oklahoma state election board wanted open upcoming primary registered oklahoma voters without regard party affiliation see requiring notice party opens primary independents pursuant secretary agreed independent voters voters registered political parties lpo several republican democratic voters sued declaratory injunctive relief district western district oklahoma alleging oklahoma semiclosed primary law unconstitutionally burdens first amendment right freedom political association app hearing district declined enjoin oklahoma semiclosed primary law primaries bench trial following primary election district found oklahoma semiclosed primary system severely burden respondents associational rights found burden imposed system justified oklahoma asserted interest preserving political parties viable identifiable interest groups insuring results primary election accurately reflect voting party members memorandum opinion case wd app pet cert internal quotation marks omitted district therefore upheld semiclosed primary statute constitutional appeal appeals tenth circuit reversed judgment district appeals concluded state semiclosed primary statute imposed severe burden respondents associational rights thus constitutional statute narrowly tailored serve compelling state interest finding none oklahoma interests compelling appeals enjoined oklahoma using semiclosed primary law appeals decision prohibits oklahoma using primary system also casts doubt semiclosed primary laws granted certiorari ii constitution grants broad power prescribe places manner holding elections senators representatives art cl power matched state control election process state offices tashjian republican party timmons twin cities area new party quoting tashjian held first amendment among things protects right citizens band together promoting among electorate candidates espouse political views california democratic party jones regulations impose severe burdens associational rights must narrowly tailored serve compelling state interest timmons however regulations impose lesser burdens state important regulatory interests usually enough justify reasonable nondiscriminatory restrictions ibid internal quotation marks omitted tashjian struck inconsistent first amendment closed primary system prevented political party inviting independent voters vote party primary case presents question tashjian left open whether state may prevent political party inviting registered voters parties vote primary tashjian acknowledged opening party primary voters including members parties raise different combination considerations ibid persuaded burden oklahoma semiclosed primary imposes minor justified legitimate state interests outset note oklahoma semiclosed primary system unlike laws held infringe associational rights oklahoma sought electoral system discover names lpo members see naacp alabama ex rel patterson interfere lpo restricting activities central purpose see naacp claiborne hardware naacp button disqualify lpo public benefits privileges see keyishian board regents univ state compel lpo association unwanted members voters see jones supra lpo free canvass electorate enroll exclude potential members nominate candidate choice engage electoral activities every political party oklahoma oklahoma merely prohibits lpo leaving selection candidates people members another political party nothing prevents members parties switching registration lpo independent question whether constitution requires voters registered parties allowed vote lpo primary words republican democratic voters brought action want associate lpo least formal sense wish remain registered republican democratic reform parties yet assist selecting libertarian party candidates general election interest casting vote libertarian candidate particular primary rather banding together fellow citizens committed lpo political goals ideas see jones supra associational selecting candidate group one belong falls far short constitutional right indeed even fairly characterized interest lpo happy votes membership party rolls however voter unwilling disaffiliate another party vote lpo primary forms little association lpo lpo see tashjian supra scalia dissenting voter might wish participate numerous party primaries cast ballots several candidates given race issue dual associations post concurring part concurring judgment seemingly boundless ones concept freedom association extended voter every desire ballot box ceases analytic use tashjian supra scalia dissenting cf democratic party wisconsin ex rel la follette powell dissenting every conflict state law party rules concerning participation nomination process creates burden associational rights even oklahoma semiclosed primary system burdens associational right burden less severe others upheld constitutional instance timmons considered minnesota election law prohibiting multiparty fusion candidacies candidate appears ballot nominee one party minnesota law prevented new party minor party state law putting forward candidate major party new party challenged law unconstitutionally burdening associational rights concluded burdens imposed minnesota law though trivial severe burdens severe new party members remained free govern internally communicate public wished ibid minnesota neither regulated new party internal decisionmaking process compelled associate voters political persuasion see jones new party members simply nominate candidate individuals already agreed another party candidate also forced choose prefer party timmons supra reasons underpinning decision timmons show oklahoma semiclosed primary system burdens lpo minimally timmons oklahoma law regulate lpo internal processes authority exclude unwanted members capacity communicate public timmons minnesota conditioned party ability nominate candidate choice candidate willingness disaffiliate another political party oklahoma conditions party ability welcome voter primary voter willingness dissociate current party choice anything moment choosing party nominee matters far jones supra crucial juncture appeal common principles may translated concerted action hence political power community ibid quoting tashjian party may prevented associating candidate choice desired bearer timmons supra jones supra candidate refuses disaffiliate another political party party may also prevented associating voter refuses oklahoma semiclosed primary system imposes even slighter burden voters lpo disaffiliation difficult general anyone political party merely asking appropriate ballot appropriate time registering within reasonable period time election jones supra stevens dissenting oklahoma registered members republican democratic reform parties wish vote lpo primary simply need file form county election board secretary change registration see stat tit west supp voters locked unwanted party affiliation see kusper pontikes nominal effort free vote lpo primary reason registration requirement unduly hinder lpo associating members parties attract members parties lpo need persuade voters make minimal effort necessary switch parties respondents argue case different tashjian according respondents burden imposed oklahoma semiclosed primary system less severe burden issue tashjian hence must apply strict scrutiny tashjian disagree issue tashjian connecticut election statute required voters register political party participating primary state republican party adopted rule allowed independent voters participate primary contended connecticut closed primary infringed right associate independent voters ibid applying strict scrutiny found interests connecticut advanced justify ban compelling thus state constitutionally prevent republican party inviting primary willing independent voters respondents reliance tashjian unavailing initial matter tashjian applied strict scrutiny little discussion magnitude burdens imposed connecticut closed primary parties voters associational rights post concurring part concurring judgment every electoral law burdens associational rights subject strict scrutiny see nader schaffer supp must minimal infringement rights vote association strict judicial review warranted aff instead cases since tashjian clarified strict scrutiny appropriate burden severe jones supra timmons tashjian independent voters join connecticut republican party late day primary explained supra requiring voters register party prior participating party primary minimally burdens voters associational rights nevertheless tashjian distinguishable oklahoma semiclosed primary imposes even less substantial burden connecticut closed primary issue tashjian tashjian identified two ways connecticut closed primary limited citizens freedom political association first important required independent voters affiliate publicly party vote primary true case issue voters already affiliated publicly one oklahoma political parties voters need register libertarians vote lpo primary need declare independents leave free participate party primary open registered independents see stat tit west second less important burden imposed connecticut closed primary system political parties broaden opportunities joining act without intervening action potential voters tashjian upholding requirement voters change party registration months advance primary election election laws invariably affec least degree individual right vote right associate others political ends anderson celebrezze minor barriers voter party compel strict scrutiny see bullock carter deem ordinary widespread burdens like severe subject virtually every electoral regulation strict scrutiny hamper ability run efficient equitable elections compel federal courts rewrite state electoral codes constitution require result beyond question may inevitably must enact reasonable regulations parties elections ballots reduce disorder timmons supra storer brown oklahoma semiclosed primary system severely burden associational rights state citizenry state electoral provision places heavy burden associational rights state important regulatory interests usually enough justify reasonable nondiscriminatory restrictions timmons supra internal quotation marks omitted anderson supra oklahoma semiclosed primary advances number regulatory interests recognizes important preserv es political parties viable identifiable interest groups nader enhances parties electioneering efforts guards party raiding sore loser candidacies spurned primary contenders storer supra first oklahoma asserts semiclosed primary preserv es political parties viable identifiable interest groups insuring results primary election broad sense accurately reflec voting party members amended supplemental trial brief defendants record doc quoting without attribution nader supra lpo wishes open primary registered republicans crats may well vote numbers dwarf roughly registered lpo voters oklahoma see wd app pet cert least voters lpo primary independents libertarians lpo permitted open primary registered voters regardless party affiliation candidate emerges lpo primary may unconcerned hostile political preferences majority lpo members nader supra matter lpo willing risk surrender identity exchange electoral success oklahoma interest independent concerns integrity primary system state wants avoid primary election outcomes tend confuse mislead general voting population extent relies party labels representative certain ideologies brief petitioners quoting without attribution nader supra eu san francisco county democratic central moreover found facilitating effective operation democratic government state might reasonably classify voters candidates according political affiliations nader supra quoting ray blair classification mean much oklahoma must allowed limit voters ability roam among parties primaries purpose party registration provide minimal demonstration voter party whose primary wishes participate nader supra commitment lessened party members may retain registration one party voting another party primary opening lpo primary voters render lpo imprimatur unreliable index candidate actual political philosophy also make registered party affiliations significantly less meaningful oklahoma primary election system case wd app pet cert oklahoma reasonably concluded opening lpo primary voters regardless party affiliation undermine crucial role political parties primary process cf jones second oklahoma semiclosed primary system retaining importance party affiliation aids parties electioneering efforts common experience direct solicitation party members mail telephone contact candidates active supporters part primary election campaign nader supra yet parties voter turnout efforts depend large part accurate voter registration rolls see council alternative political parties state div elections super undisputed voter registration lists voter affiliation information provide essential information party state committees campaign activities including canvassing fundraising voters longer required disaffiliate participating parties primaries voter registration rolls cease accurate reflection voters political preferences without registration rolls accurately reflect likely potential primary voters parties risk expending precious resources turn party members may decided cast votes elsewhere see brief state south dakota et al amici curiae encouraging citizens vote important state interest see jones supra kennedy concurring oklahoma entitled protect parties ability plan primaries stable group voters tr oral arg third oklahoma interest preventing party raiding organized switching blocs voters one party another order manipulate outcome party primary election anderson concurring judgment oklahoma semiclosed primary system serves interest discouraging voters temporarily defecting another party vote lpo primary state interest justify unreasonably exclusionary restrictions timmons repeatedly upheld reasonable politically neutral regulations like oklahoma semiclosed primary law internal quotation marks omitted iii beyond challenge oklahoma semiclosed primary law respondents expanded challenge include oklahoma election laws respondents contend several state ballot access voter registration laws taken together severely burden associational rights effectively preventing changing party affiliations advance primary election brief respondents discussing joint operation stat tit west supp though lpo unsuccessfully challenged one provisions see rainbow coalition oklahoma state election rejecting first amendment challenge lpo political parties oklahoma ballot access provision west supp respondents raise argument first time brief merits district appeals associational burden respondents complained imposed west need disaffiliate one party order vote another party primary see appellants opening brief pp challenging applied respondents plaintiffs amended trial brief record doc amended complaint doc result virtually evidence record electoral regulations operate tandem whether laws actually burden respondents associational rights whether laws advance important even compelling state interests ordinarily consider claims neither raised decided cooper industries aviall services slip quoting adarand constructors mineta per curiam respondents pointed unusual circumstances warrant considering portions oklahoma electoral code late day see taylor freeland kronz therefore decline consider aspect challenge oklahoma remains free allow lpo invite registered voters parties vote primary constitution leaves choice democratic process courts judgment appeals reversed case remanded proceedings ordered michael clingman secretary oklahoma state election board et petitioners andrea beaver et al writ certiorari appeals tenth circuit may justice justice breyer joins except part iii concurring part concurring judgment join opinion except part although agree reasoning write separately emphasize two points first think respondents claim implicates important associational interests see reason minimize interests dispose case second agree oklahoma semiclosed primary law properly us standing alone imposes modest nondiscriminatory burden respondents associational rights burden justified state legitimate regulatory interests note however grounds concern state laws may unreasonably restrict voters ability change party registration participate libertarian party oklahoma lpo primary realistic assessment regulatory burdens associational rights appropriate case require examination cumulative effects state overall scheme governing primary elections finding severe burden trigger probing review justifications offered state nearly every state nation mandates political parties select candidates national statewide office means primary elections see galderisi ezra congressional primaries historical theoretical context congressional primaries politics representation galderisi ezra lyons eds primaries constitute electoral process california democratic party jones quoting tashjian republican party vital forum expressive association among voters political parties see kusper pontikes basic function political party select candidates public office offered voters general elections prime objective voters associating particular party must surely gain voice selection process parties invite voters join selecting standard bearers outcome pivotal course dictates range choices available often presumptive winner general election right precious free country voice election make laws good citizens must live wesberry sanders right associate political party one choice integral part basic constitutional freedom kusper supra repeatedly reaffirmed first fourteenth amendments protect rights voters parties associate primary elections see california democratic party supra tashjian supra kusper supra indeed constitutional protection associational rights especially important context aggregation votes sense essence electoral process meaningful voice process individual voter must join together likeminded others polls choice participate selecting party candidate obviously plays critical role determining party message prospects success electoral contest see california democratic party supra see also democratic party wisconsin ex rel la follette freedom associate advancement political beliefs necessarily presupposes freedom identify people constitute association quoting kusper supra majority questions whether lpo voters registered another party constitutionally cognizable interest associating one another lpo primary see ante doubts point appear stem two implicit premises first voter forms cognizable association political party registering party second voter form cognizable association one party time neither premises sound view first registration political party surely may signify important personal commitment may accompanied faithful voting even activism beyond polls many voters registration serves principally mandatory perhaps even ministerial prerequisite participation party primaries act casting ballot given primary may voter party constitute form association least important act registering see la follette supra powell dissenting act voting democratic primary fairly described act affiliation democratic party fact voting episodic judgment undermine associational significance simply reflects special character electoral process allows citizens join together regular intervals shape government choice public officials question dual associations fail see registration one party negate voter first amendment interest associating second party surely say instance registered republican democrat protected interest associating libertarian party attending meetings making political contributions validity voters parties interests dual associations seems particularly clear minor parties concerned example voter may longstanding affiliation major party wishes maintain may nevertheless substantial interest associating minor party particular election cycles elections particular offices voter refusal disaffiliate major party may reflect abiding commitment party necessarily inconsistent desire associate second party objective costs disaffiliation see infra minor party part may significant interest augmenting voice political process associating sympathetic members major parties none suggest state superseding interest restricting certain forms association never questioned example authority restrict voters public registration single party limit voter participating single party primary fact state regulatory authority may ultimately trump voters parties associational interests particular context reason dismiss validity interests general matter question whether judicial inquiry genuineness intensity duration given voter association given party fruitful way approach constitutional challenges regulations like one issue primary voting episodic sometimes isolated act association vitally important one entitled level constitutional protection accordingly party invites voter participate primary voter seeks begin premise significant associational interests stake starting point ask extent manner state may justifiably restrict interests ii remainder constitutional analysis substantially accord reasoning constitutional system assigns broad authority regulate electoral process recognized practical matter must substantial regulation elections fair honest sort order rather chaos accompany democratic processes storer brown sought balance associational interests parties voters regulatory interests flexible standard review reaffirmed today see ante standard rigorousness inquiry propriety state election law depends upon extent challenged regulation burdens first fourteenth amendment rights burdick takushi regulations imposing severe burdens associational rights must narrowly tailored advance compelling government interest timmons twin cities area new party regulations imposing lesser burdens subject less intensive scrutiny reasonable nondiscriminatory restrictions ordinarily sustained serve important regulatory interests ibid regime reflects limited important role courts reviewing electoral regulation although state legitimate indeed critical role play regulating elections must recognized wholly independent neutral arbiter rather state controlled political party parties power presumably incentive shape rules electoral game benefit recognition basic reality need render suspect electoral regulations state imposes reasonable genuinely neutral restrictions associational rights threat integrity electoral process apparent reason judicial intervention restrictions become severe however particularly discriminatory effects increasing cause concern power may using electoral rules erect barriers electoral competition cases applying heightened scrutiny helps ensure limitations truly justified state asserted interests merely pretext exclusionary anticompetitive restrictions throughout proceedings lower courts respondents framed suit facial challenge oklahoma semiclosed primary law sum argument requiring voters register either libertarians independents order participate lpo primary state law imposes severe unjustified burden lpo oklahoma voters associational rights reasons explained ante claim properly us assuming believe must circumstances oklahoma provides reasonable avenues voters reregister independents libertarians agree semiclosed primary law imposes modest politically neutral burden associational rights burden altogether trivial voter significant commitment major party example must forfeit registration party order participate lpo primary given election cycle lpo define bounds association broadly like see post stevens dissenting see also supra discussing interest dual associations neither severe discriminatory oklahoma semiclosed primary law simply requires voters wishing participate lpo primary order participate party primary providing reasonably fixed electoral base close registration date vote requirement facilitates campaign planning assuming availability reasonable reregistration procedures party inability persuade voter disaffiliate rival party suggest presence anticompetitive regulatory restrictions rather party failure win voter allegiance semiclosed primary law standing alone impose significant obstacle participation lpo primary indicate partisan self dealing lockup political process warrant heightened judicial scrutiny essentially reasons explained see ante agree oklahoma legitimate interest requiring voters disaffiliate one party participating another party primary record us also agree state regulatory interests adequate justify limited burden semiclosed primary law imposes respondents freedom association finally agree case distinguishable tashjian see ante joined dissent case think application strict scrutiny difficult square flexible standard review articulated recent cases see supra tashjian entitled respect principles stare decisis fairly distinguished grounds closed primary law case imposed greater burden associational interests oklahoma semiclosed primary law see ante state regulatory interests tashjian weaker compare ante tashjian iii briefing oral argument respondents raise first time claim oklahoma semiclosed primary law severely burdens associational rights law operation rather state laws make quite difficult voters reregister independents libertarians participate lpo primary see brief respondents respondents characterize oklahoma regulatory scheme follows partisan primaries oklahoma held last tuesday july year stat tit west supp field party candidate election lpo must obtain recognized party status see ibid see also west supp requires submit later may year election year petition signatures registered voters equal least five percent total votes cast recent gubernatorial presidential election west supp state election board days determine whether petition sufficient lpo attained recognized party status fashion every presidential election year since however unless party candidate receives least percent total votes cast governor president general election minor party able state recent history loses recognized party status regain party status group must go petition process ibid party loses recognized status lpo every general election participated affiliation voter registered party changed independent district noted highly likely ranks independents indeed registered republicans democrats contain numerous voters sympathize lpo simply wish go motions every time purged rolls memorandum opinion case wd app pet cert republican democratic parties oklahoma turns permit voters registered independents participate primaries importantly according respondents deadline changing party affiliation makes quite difficult lpo invite voters reregister order participate primary assuming lpo submits petition recognized party status may deadline state may determine whether party status conferred see stat tit west supp order participate lpo primary voter registered another party must change party affiliation independent libertarian later june see moreover candidate office permitted officially declare candidacy state election board period first monday june next succeeding wednesday characterization state law accurate registered democrat republican sympathetic lpo lpo candidate given election year seem face genuine dilemma one hand may stick major party registration forfeit opportunity participate lpo primary alternatively may reregister libertarian independent thus forfeiting opportunity participate major party primary though candidate officially declared yet voter may yet know whether lpo even permitted conduct primary moreover must make choice roughly eight weeks primaries time voters yet even tuned election much less decided upon candidate see california democratic party discussing emergence independent candidacies late election cycle throughout proceedings lower courts included full bench trial district respondents made attempt challenge electoral requirements argue relevant respondents challenge semiclosed primary law lower courts accordingly gave little consideration various regulations interrelate operate practice state seek justify given posture agree neither proper prudent us rule reformulated claim respondents urge see ante nevertheless respondents allegations troubling properly raised want examine cumulative burdens imposed overall scheme electoral regulations upon rights voters parties associate primary elections panoply regulations apparently defensible considered alone may nevertheless combined effect severely restricting participation competition even part regulatory regime might upheld challenged separately one another parts might fall overall scheme unreasonably curtails associational freedoms oklahoma requirement voter register independent libertarian order participate lpo primary unduly onerous true extent state provides reasonable avenues voter change registration status state regulations governing changes party affiliation properly us shown appropriate case regulations imposed weighty discriminatory restriction voters ability participate lpo party primary probing scrutiny state justifications required michael clingman secretary oklahoma state election board et petitioners andrea beaver et al writ certiorari appeals tenth circuit may justice stevens justice ginsburg joins justice souter joins parts ii iii dissenting decision today diminishes value two important rights protected first amendment individual citizen right vote candidate choice political party right define mission one contend citizen membership either republican democratic party disqualify attending political functions sponsored another party voting third party candidate general election third party invites participate primary election right support candidate choice merits constitutional protection whether elects make speech donate funds cast ballot importance vindicating individual right far outweighs public interest punishing registered republicans democrats acts disloyalty balance becomes even lopsided individual right reinforced right libertarian party oklahoma lpo associate willing voters concluding state interests override important values focuses interests legitimate valid interest manipulating outcome elections protecting major parties competition stunting growth new parties valid interest conducting orderly elections encouraging maximum participation voters neither interests overrides indeed even conflicts valid interests lpo voters wish participate primary final analysis case simple occasionally political party interest defining platform procedures selecting supporting candidates conflicts voters interest participating selection elected representatives values conflict may faced difficult choices case values reinforce one another decision easy oklahoma enacted statute impairs denies party right invite willing voters participate primary elections therefore affirm appeals judgment rejecting individual respondents claims majority focuses associational interests voters case certainly interest associating lpo primarily interested voting particular candidate happens lpo indeed think lost sight principal purpose primary nominate candidate office cf burdick takushi kennedy dissenting purpose casting counting recording votes elect public officials serve general forum political expression recent cases focused associational interest voters rather right vote important identify three basic precepts first clear right vote includes right vote primary election see classic terry adams state makes primary integral part procedure choice every eligible citizen right vote receive protection general election classic invalidating primary system diluted individual vote primary second right vote whether primary general election right vote candidate one choice reynolds sims finally assessing burdens right burdens limited absolute denial right focus realities situation empty formalism see classic identifying practical operation primary law terry noting jaybird primary effective part election process examining effect whole procedure determining whether scheme violated fifteenth amendment impact oklahoma statute voters right vote candidate choosing mere burden virtue fact preferred candidate member different party respondents absolutely precluded voting primary election answer voters participate another primary primary party registered since individual wish vote candidate primary white primary cases make anything clear denial right vote cured ability participate subsequent different election election counted terry jaybird primary since public official selected meaningful sense primary counts one candidate respondents want vote actually running see burdick kennedy dissenting petitioner write name candidate preferred way cast meaningful vote say voters absolute right participate whatever primary desire instance parties strong associational interest determining individuals may vote primaries interest normally outweigh interest uninvited ordinary case state simply interest classifying voters political party limiting elections voters may participate result classification held reynolds voters state stand relation state regardless live state must thus make vote count less depending upon factor citizens stand relation state regardless political party belong state may thus deny participation primary party seeks participation absent state interest overriding importance ii addition burdening individual respondent right vote oklahoma scheme places heavy burden lpo associational rights oklahoma permits independent voters participate lpo primary elections refuses allow registered republicans democrats refusal direct impact lpo selection candidates public office importance overstated primary election plays critical role enabling party disseminate message public california democratic party jones candidates party able give voice political views engage candidates important issues day affect change government society cases vigorously affirm special place first amendment reserves special protection accords process political party standard bearer best represents party ideologies preferences ibid quoting eu san francisco county democratic central oklahoma statute prohibits lpo associating voters believes best enable select viable candidate ability select individuals associate course core first amendment goes heart associational interest freedom association means individual voter right associate political party choice also political party right identify people constitute association ibid internal quotation marks citations omitted see also democratic party wisconsin ex rel la follette libertarians undoubtedly associate democrats republicans ways times oklahoma statute limits party associational opportunities crucial juncture appeal common principles may translated concerted action hence political power community tashjian republican party concluding oklahoma statute constitutional majority argues associational interests lpo registered members parties either nonexistent heavily burdened oklahoma scheme plurality relies single jones show associational interests lpo registered republicans democrats see ante citing jones course political parties want voters parties participating primaries putative associational interest case lpo actively courting voters parties simply exist importantly decision tashjian rejected arguments tashjian held state prohibit republicans inviting voters registered political party participate republican primary recognized party attempt broaden base public participation support activities conduct undeniably central exercise right association importantly rejected notion associational interest somehow diminished voters party sought include formally registered republicans onsidered standpoint party act formal enrollment public affiliation party merely one element continuum participation party affairs need sense important reasoned state prohibit independents contributing financial support republican candidate participating party events anomalous able prohibit participation independents party importance interests carefully examined interests asserted state finding lacking struck prohibition independents participation republican primary virtually identical interests stake case lpo belief attracting diverse group voters primary enable select mainstream candidate viable general election like republicans tashjian lpo cognizant fact order enjoy success voting booth must support voters identify independents republicans democrats lpo desire include democrats republicans undoubtedly informed fact given stringent requirements oklahoma law lpo ceases become formally recognized party election cycle members automatically revert lpo routinely loses status recognized party many voters might otherwise register libertarians instead register democrats thus lpo interest inviting registered republicans democrats participate selection even greater force republican party desire invite independents associate tashjian iii justification state abridgment constitutionally protected interests asserted lpo voters majority relies countervailing state interests either irrelevant insignificant neither separately aggregate interests support decision first makes remarkable suggestion opening primary democrats republicans lpo saddled many nonlibertarian voters ultimate candidate sense libertarian see ante lpo seeking crossover voting republicans democrats rightly wrongly lpo feels best way produce viable candidate invite voters parties participate primary may dilute believes core libertarian philosophy business state tell political party message select candidates form coalitions ensure electoral success see jones rejecting state interests producing candidates centrist nominee party selected absent blanket primary second majority expresses concern crossover voting may create voter confusion paternalistic concern belied district finding significant voter confusion occur app pet cert noting simple rules voting eligibility posted polling places primary runoff elections conducted third majority suggests crossover voting impair state interest properly classifying candidates voters empirical matter crossover voter may lesser commitment party registered votes another party primary nevertheless state valid interest defining means republican democrat attempting ensure political orthodoxy party members simply convenience parties cf west virginia bd ed barnette fixed star constitutional constellation official high petty prescribe shall orthodox politics nationalism religion matters opinion even participation lpo primary causes voter less committed democrat republican proposition dilution commitment justify abridgment fundamental rights issue case party identity important political system immunized risk fourth majority argues opening lpo primary members republican democratic parties might interfere electioneering efforts clear course majority concerned democratic republican parties since party building precisely lpo attempting accomplish nevertheless concern misplaced even majority claims republican democratic voter rolls mailing lists phone banks accurate otherwise administrative inconvenience major parties outweigh right vote associational interests voters lpo core argument based fear lpo might successful convincing democratic republican voters participate fully lpo far compelling interest impermissible one timmons twin cities area new party state may completely insulate system minor parties independent candidates competition influence finally majority warns possibility raiding ante voters another party maliciously vote primary order change outcome primary either nominate particularly weak candidate candidate candidate siphon votes another party district whose factual findings entitled substantial deference found factual legal matter state argument concerning raiding unpersuasive app pet cert even raiding possibility however state interests remote possibility harm lpo insufficient overcome lpo associational rights see eu ven ban endorsements saves political party pursuing acts justify state substituting judgment party lpo willing take risk party may hijacked individuals hold views opposite state little interest lpo decision respect possibility democratic republican voters might raid lpo detriment another party neither state majority identified evidence voters sufficiently organized achieve targeted speculation view sufficient override real acknowledged interest lpo voters wish participate primary see timmons norman reed end balance interests clearly favors lpo voters wish participate primary associational interests asserted right select standard bearer party thinks best chance success ability associate crucial juncture selecting candidate desire reach voters parties substantial undoubtedly burdened oklahoma statutory scheme doubt fact clearly answered tashjian side interests asserted state either entirely speculative simply protectionist measures benefit parties power matter standard simply outweigh interests lpo voters iv libertarian party oklahoma loser litigation minor parties voters primary allegiance one party sometimes switch support rival candidates also harmed decision judgment however real losers include participants political market decisions give undue deference interest preserving like decisions encourage partisan enhance likelihood safe districts play increasingly predominant role electoral process primary elections already replacing general elections common method actually determining composition legislative bodies trend increase bitter partisanship already poisoned bodies provided inspiring examples courteous adversary debate deliberation decision case like misguided decisions timmons jones attaches overriding importance interest preserving system view century experience demonstrating two major parties fully capable maintaining positions dominance political marketplace without special assistance state governments dominate whenever receive special advantages offsetting harm independent voters may far significant majority recognizes anderson considered impact early filing dates small political parties independent candidates commenting election laws disadvantage independents noted limiting opportunities voters associate electoral arena enhance political effectiveness group restrictions threaten reduce diversity competition marketplace ideas historically political figures outside two major parties fertile sources new ideas new programs many challenges status quo time made way political mainstream short primary values protected first amendment profound national commitment principle debate public issues uninhibited robust served election campaigns monopolized existing political parties citations omitted holding today little support naked interest protecting two major parties respectfully dissent footnotes rev stat ann west cal elec code ann west rev stat lexis stat del code tit lexis stat iowa code stat ann rev stat ann lexis la stat ann west supp mass laws ch west supp neb rev stat rev stat rev stat ann west stat ann west supp stat ann elec law ann west stat lexis stat tit purdon laws lexis codified laws west code lexis wyo stat lexis respondents argue first time oklahoma election statutes make difficult voters disaffiliate parties first choice register libertarians independents either allow vote lpo primary brief respondents reasons explain fully part iii decline consider aspect respondents challenge see infra respondents members republican democratic parties alleged district wished right participate lpo primary see amended complaint record doc complaint doc evidence respondents submitted point pair affidavits respondents mary burnett registered republican floyd turner registered democrat asserting might wished vote lpo primary see plaintiffs motion preliminary injunction doc attached affidavits based turner affidavit parties stipulated number voters registered political parties lpo wished vote lpo primary see supplemental joint stipulations fact doc respondents never claimed prevented associating lpo way except unable vote lpo primary elections effective spurned candidate defect advance primary election candidate may file nomination political party state county office oklahoma generally candidate must registered member party six months prior filing see stat tit west however registration period days candidates parties like lpo whose lack electoral support means must regularly petition recognized political parties ibid see also west supp oklahoma ballot access requirements even though candidates may defect two weeks primary registered republican democratic voters may change party affiliation june roughly eight weeks primary see see also setting primary last tuesday july footnotes enough registered members parties may simply change registration see ante plurality opinion changing one political party simply matter filing form state many individuals significant decision view party membership merely label demeans many personal significance party identification illustrates little weight majority actually gives associational interests case voters interest may still prevail case terry adams smith allwright party primary de facto election part refusal intervene political gerrymandering cases davis bandemer increasing number districts becoming safe districts one party effectively controls outcome election see courtney redistricting learn canada election concluding members house representatives elected safe districts election ran unopposed see stat tit west supp requiring party nominee governor president vice president receive vote general election party maintain status see app pet cert district recognizing highly likely ranks independents indeed registered republicans democrats contain numerous voters sympathize lpo simply wish go motions every time purged rolls course majority recognizes ante since number independent voters overwhelms number voters already case see also democratic party wisconsin ex rel la follette state may substitute judgment party jones citing keefe parties politics public policy america ed allowing potential crossover voter vote lpo primary change level commitment toward party registration simply give outlet express views already holds course able protect incumbent parties name protecting stability system general might still federalists whigs see generally aldrich parties origin transformation political parties america event evolution thought policies occasioned change political parties change occurred recent memory reason ossify status quo majority argument voters otherwise vote republican democratic primaries vote lpo primary democratic republican lists accurate indicator likely vote primaries voters spend party resources first find doubtful voters vote lpo primary voted democratic republican primary rather probably sufficiently motivated vote actually give republicans democrats additional information voters libertarian leanings change outcome election way benefit party voters relatively certain preferred candidate primary win primary vote lpo primary previously candidate opposed ideological preferences given voters typically focus election several days weeks election prospect unlikely see california democratic party jones kennedy concurring one expected see evidence relatively easy switch parties close primary flimsy character state interests case confirms view today decision rests primarily desire protect system jones concluded associational interests parties trumped state interests much compelling asserted case contrast associational interests asserted minor party rather one dominant parties reversed course rejected associational interests insubstantial compared interests asserted state examples cases permitting lengthy registration periods rosario rockefeller cases approving bans fusion candidates timmons twin cities area new party candidates burdick takushi see vieth jubelirer davis bandemer