Simone Lawson
The United States Constitution does not specify the process of holding primary elections or caucuses to nominate candidates for president. Political parties have developed their own procedures over time, and the states hold considerable power in determining the rules for elections within their borders. The first primary elections were held in the Democratic Party in the 1890s, starting in Louisiana in 1892. By 1897, the Democratic Party held primaries in 11 Southern and border states. The direct primary became important at the state level in the 1890s and at the local level in the 1900s. The first presidential primaries began in the early 1900s as part of the Progressive movement, and by 1916, 20 Democratic and Republican parties had primary elections.
| Characteristics | Values |
|---|---|
| Mentioned in the Constitution | No |
| Electoral procedure | Filtering mechanisms between the people and the outcome |
| Voters | Voters can cross party lines in some states |
| Registered party members can only vote in their own party's primary | |
| Independents can choose a party to participate in some states | |
| Unenrolled voters or members of minor parties can vote in primaries of either major party in Massachusetts | |
| Semi-closed primaries in 16 states | |
| History | Introduced during the Progressive Era |
| First appeared in Wisconsin in 1905 | |
| First presidential primary held in North Dakota in 1912 | |
| First primary elections in the Democratic Party in Louisiana in 1892 |
Explore related products
What You'll Learn
Primaries are not mentioned in the US Constitution
The US Constitution does not mention primaries. The Founding Fathers would have likely rejected the idea of primaries in 1787, as they wanted some filtering mechanisms between the people and the election outcome. They wanted US senators to be elected by state legislatures, insisted on property qualifications for white male voters, and created an Electoral College to stand between the people and their popular choice for President.
The first primary elections came in the Democratic Party in the South in the 1890s, starting in Louisiana in 1892. By 1897, the Democratic Party held primaries to select candidates in 11 Southern and border states. These were considered unofficial elections, run by party officials, which allowed them to exclude African American voters. The US Supreme Court later declared such white primaries unconstitutional.
The direct primary became important at the state level in the 1890s and at the local level in the 1900s. In 1905, Wisconsin was the first state to use primaries to select presidential candidates, and in 1912, North Dakota was the first state to hold a presidential primary. The Primary was a reform of the Progressive Era, designed to give people greater control over the selection of candidates in their party.
Today, primaries have become the only arena in which people can affect the political outcome in many cases. Reformists have argued for a single, same-day national nonpartisan primary election to reduce the number of viable candidates, who would then move on to compete in the general election.
The Evolution of Constitutions: Written or Unwritten?
You may want to see also
Primaries are not official elections
The United States Constitution has never specified the process of holding primary elections; political parties have developed their own procedures over time. Primaries are not official elections, and they are considered non-governmental party affairs. The first primary elections came into existence in the Democratic Party in the South in the 1890s, starting in Louisiana in 1892. By 1897, the Democratic Party held primaries to select candidates in 11 Southern and border states. Unlike the final election, which is run by government officials, primaries were run by party officials, allowing them to exclude African American voters.
The direct primary became important in the United States at the state level starting in the 1890s and at the local level in the 1900s. The first presidential primaries began in the early 1900s as part of the Progressive movement. By 1916, 20 Democratic and Republican parties had primary elections, but they had little impact on how political bosses picked convention delegates and influenced conventions. The primary system came into play fully after World War II.
There are different types of primaries, including open primaries, closed primaries, and mixed primaries. In closed primaries, only registered party members can vote in their own party's primary. Semi-closed systems, however, allow unaffiliated voters to choose a party to participate in as well. Open primaries, on the other hand, are nonpartisan and enable all voters to choose which party's primary they wish to vote in without declaring any party affiliation. The mixed primary is a combination of the two, allowing independents to vote in either party's primary but requiring voters registered with a political party to vote in their own party's primary.
The rules for primaries are determined by the state, which chooses the date and decides if the primary will be open or closed. The states hold considerable power in determining the rules for all elections that happen within their borders.
South Africa's Constitution: A Written Legacy?
You may want to see also
States have power over primary rules
The United States Constitution does not mention primaries, and the Founding Fathers would have likely rejected the idea. The Constitution didn't establish procedures for the nomination of presidential candidates beyond the Electoral College, which fell apart when political parties formed after George Washington left office.
The 12th Amendment, ratified after the 1800 election, required separate votes for presidential and vice-presidential candidates, and congressional caucuses were used to pick candidates. Primaries were introduced during the Progressive Era, first appearing in Wisconsin in 1905, and then in North Dakota in 1912.
While primaries are not mentioned in the Constitution, states have considerable power in determining the rules for elections within their borders, including primaries. This includes choosing the date and format of the primary, such as open, closed, or semi-closed, and whether voters must show identification.
The Elections Clause in Article I, Section 4 of the Constitution empowers Congress to override state election rules, but it does not restrict how states enact legislation. State courts can review state rules regarding elections, but their power is limited to the ordinary bounds of judicial review.
State primary rules have been the subject of multiple Supreme Court decisions, with legal challenges shaping the structure of primaries and discussions about states' constitutional authority to curb private discriminatory actions. For example, in 1923, the Supreme Court struck down a Texas law forbidding Black people from participating in the Texas Democratic Party primary as a violation of the 14th Amendment. However, the Court ruled in favor of the Texas Democratic Party when they instituted a similar rule, finding that the party was a private organization that could determine its membership requirements.
The Constitution's Writing: A Historical Timeline
You may want to see also
Explore related products
Open vs closed primaries
The United States has different types of primary elections, with the two major types being open primaries and closed primary elections. The type of primary election held in a particular state may change from year to year and can vary between parties. For instance, the Republican Party may hold open primaries in a state where the Democratic Party has closed primaries.
Open Primaries
Open primaries, also known as non-partisan primaries, are open to all voters, regardless of their political party affiliation. They give voters freedom when casting their vote, as registered voters can privately vote in either party's primary. Open primary systems allow independent voters to participate in primary elections without registering with a particular party.
Proponents of open primaries argue that voters should be able to choose which primary they will vote in at each election. Open primaries also allow participation by independents who are unwilling to declare a party affiliation and prevent the intimidation of voters who wish to keep their affiliation private.
Closed Primaries
Closed primaries, also known as partisan primaries, only allow declared party members to vote. An essential feature of the closed primary system is that it forces voters to affiliate with a political party before they can vote in a primary election. Independent and unaffiliated voters are not able to vote in closed primaries.
Proponents of closed primaries argue that this type of election prevents vote raiding, which occurs when people affiliated with one party vote in the other party's primary election. They purposely vote for the weaker candidate, hoping that this weaker candidate wins the primary, making it easier for their preferred candidate to win the general election.
Other Types of Primaries
In addition to open and closed primaries, there are also semi-open, semi-closed, and mixed primaries. Semi-closed systems, for example, allow unaffiliated voters to choose a party to participate in, with independents either making their choice of the party privately or publicly. Sixteen states have semi-closed primaries that allow voters to register or change party preference on election day.
Is Email Legally Binding? Consent Confusion
You may want to see also
Historical development of primaries
The caucus system, which was adopted in colonial times for local offices, is the earliest method for nominating candidates in the United States. The caucus system continued into the 19th century for state and national offices. Party conventions were introduced to address the abuses of the caucus system, but they too became subject to abuse, leading to their regulation and eventual elimination for all offices except president and vice president.
In the period after the Constitution's ratification, a convention of state delegates chose electors to represent their interests in the Electoral College. The top two vote-getters in the Electoral College became president and vice president. The system worked for America's first two elections, when George Washington was the unanimous choice for president. However, it quickly fell apart when political parties formed after Washington left office.
In 1804, after the disastrous 1800 election and House runoff election between Thomas Jefferson and Aaron Burr, the 12th Amendment was ratified, requiring separate votes for presidential and vice-presidential candidates. Congressional caucuses were then used to pick presidential and vice-presidential candidates.
In 1901, Florida enacted the first presidential primary. In 1905, Wisconsin became the first state to eliminate the caucus and mandate direct selection of national convention delegates. By 1912, twelve states either selected delegates in primaries, used a preferential primary, or both. North Dakota was the first state to hold a presidential primary in 1912.
In the early 20th century, some state primary rules were highly controversial and were the subject of multiple Supreme Court decisions. For instance, in 1923, Texas passed a law forbidding Black people from participating in the Texas Democratic Party primary. The Supreme Court struck down the restriction, with Justice Oliver Wendell Holmes writing that it was "hard to imagine a more direct and obvious infringement" of the 14th Amendment.
The term Super Tuesday was first used in 1980 to describe the final Tuesday of the primary season in June when key states, including California and New Jersey, cast votes. By 2008, 24 states had moved their primaries to the first Tuesday in February, aiming to establish frontrunners early by putting about half of the delegates up for grabs on the same election day.
The Evolution of Preamble: A Historical Perspective
You may want to see also
Frequently asked questions
No, the US Constitution has never specified the process for primary elections. Political parties have developed their own procedures over time.
Primary elections are elections to select candidates to run for public office. Primaries may be closed (partisan), allowing only declared party members to vote, or open (nonpartisan), enabling all voters to choose which party’s primary they wish to vote in without declaring any party affiliation.
In primary contests, state parties run caucuses, but state governments conduct primaries. States set many rules of primary elections; they choose the date and determine if the primary will be open or closed.
