The Pennsylvania Supreme Court heard Oral Argument in a Case of immense Political consequence, regarding Fairness in Elections, that almost no one has heard of. Both the Fourteenth Amendment to the U.S. Constitution and the basic Citizen Rights enumerated in Article I of the Constitution of Pennsylvania suggest that the Plaintiffs have a very Strong Case.
Working Families Party (WFP) & Rabb v. Commonwealth concerns current Pennsylvania Law on Political Party “Fusion” or “Cross-Nomination”, the Nomination of a Candidate by more than One Party, with Votes Cast on any Nominating Party’s Ballot Line combined in that Candidate’s Total against Rivals.
Such Fusion once thrived in Pennsylvania, and all the rest of the U.S. Particularly after the Civil War, it was used by Major and Minor Parties, up and down the Ballot, throughout the Country. It helped underwrite a lively Mass Democratic Politics that astonished Observers, producing Voter Turnout Levels far greater than today’s.
It is the basis of the Political Process in New York. If gives Minor Parties and Independents an Opportunity for their Ideas a Voice for their Vote. But the biggest use is to get a Party their Ballot Party Line for Four Years by getting 50,000 Votes for Governor and the Governor Candidates greater Exposure to the Voters.
The WFP and Rabb argue that the General Pennsylvania Ban on Fusion, by Prohibiting Voluntary Cross-Nomination of Candidates in ways known to Hurt less well-known Parties, violates Article 1 on its Face by Restricting Free and Equal Exercise of Suffrage Rights, and Violates the Fourteenth Amendment both for this known effect on Minor Parties and, especially as Administered in Pennsylvania, by invidiously Discriminating against Minor Parties. They seek a Court Decision Restoring a Clean and simple Fusion Option applied to All Parties, of the sort that Pennsylvania once had.
If the Pennsylvania Supreme Court should Rule for the Plaintiffs, it would make a stunning gift to American Democracy at a time when such is truly needed. It would Provide an easy Exit from Dysfunctional Partisan Polarization for those prepared to take it. It would both increase Voter Turnout, and ensure more Precise Information on real Voter Preferences. And it would show more respect for Minority Political Views, and do so in a Constructive way.
NYC Wins When Everyone Can Vote! Michael H. Drucker
