By Steve Brawner, © 2025 by Steve Brawner Communications, Inc.
Should Arkansas voters be required to declare they are Republicans in order to vote in Republican Party primaries? They won’t be after a court decision May 5.
The case stems from a vote by rank-and-file Republicans at last year’s state convention to close the primaries. Members did not want non-Republicans, particularly Democrats, voting in their primary. The Executive Committee leadership did not agree. Eighteen of its 24 members voted to rescinded the vote in July. In response, 22 party delegates sued the party chairman, the secretary of state, and the state Board of Election Commissioners.
This is a good, old-fashioned intraparty conflict, in the middle of which U.S. District Judge Brian Miller said he could not get. In his seven-page decision May 5, he wrote that a federal courtroom was not the place to settle the dispute.
First, he wrote that it’s not a constitutional case. It was not about freedom of speech because the Republican Party of Arkansas is not a government entity. It was not about freedom of association because the RPA can decide its own rules.
If state laws governed the process, then state officials could regulate. However, the law merely says that parties must prescribe qualifications for voting in primaries and must create rules and procedures. It’s up to the party. Regardless, he wrote that the U.S. Constitution’s 11th Amendment states that federal courts cannot compel state officials to obey state law. Continue reading


