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The March 5 primary election is approaching quickly but the Feb. 19 registration deadline is approaching even faster, and a recent change – essentially ending open primaries in California – may mean that many people will want to re-register. 

Open primaries – which were held during the statewide elections in 1998 and 2000 – are no more. 

In 1996, Californian voters approved Proposition 198, the Open Primary Act, by a 60-40 margin. The act allowed voters to choose any candidate listed on the primary ballot, regardless of party affiliation. 

But on June 26, 2000, in response to a suit brought by the state Democratic and Republican primaries, the US Supreme Court ruled that open primaries violated the First Amendment of the Constitution. 

In response, the California legislature rewrote the open primary law. Instead of an open primary, California voters will participate in what is known as a “modified closed primary system.” 

“If you register Republican, you can only vote for Republican,” said California secretary of state spokesperson Debbie Westlake. “If you’re a Democrat, you can only vote for a Democrat.”  

However, Westlake noted, people who are registered “decline-to-state” may request ballots from Democratic, Republican, Natural Law or American Independent parties when they go to their polling station. 

These parties agreed to let “decline-to-state” voters participate in their elections; the Green, Libertarian and other parties did not. 

The change may most deeply affect members of the about 5,000 Berkeley residents who are registered with the Green Party. 

In the past two statewide elections, Greens often cast their primary votes for Democratic candidate they found least objectionable – for Bill Bradley over Al Gore, for instance – even though they planned to vote Green in the general election. 

Molly O’Shaughnessy, campaign manager for Democratic candidate Loni Hancock, said that a number of Hancock volunteers were registered Greens, before they heard that they wouldn’t be able to vote for her in the primary.  

“We actually put up a sign in the office,” O’Shaughnessy said. “It said, ‘It ain’t easy being Green – Re-register to vote Loni.” 

When John Selawsky, member of the Berkeley School Board and an Alameda County Green Party County Council was asked who he supports in the assembly, his answer was immediate. 

“Loni Hancock,” he said. “I’ve already endorsed her.” 

But Selawsky allowed that he would not actually be able to vote for Hancock unless she makes it past Charles Ramsey and Dave Brown to get on the November ballot. 

Selawsky said that he did not believe that inability of Greens to vote for Hancock – who has been endorsed by the Sierra Club and other environmental organizations – would harm her chances. 

“What’s more significant in this race is the voter turnout,” he said, citing a recent poll saying that only around a quarter of California’s voters know that there would be an election on March 5. 

“It indicates to me that it really behooves candidates, first of all, to get the word out that there is an election, and second to turn out the vote,” he said. 

Citizens interested in registering or re-registering to vote may obtain forms at post offices, libraries and city offices. 

Contact reporter Hank Sims at hank@berkeleydailyplanet.net