NEW ORLEANS (CN) - The Mississippi Democratic Party did not take enough steps to limit its primary election to its own members, the 5th Circuit ruled. Therefore, the party cannot challenge the constitutionality of the state's election law.
The district court gave the party more than it asked for when it ruled that the state's semi-closed primary was unconstitutional. The court required that voters register as party members and present photo identification.
This ruling touched off a wave of appeals, and Judge Jones said she would "put the parties out of their litigation misery" by reversing the decision.
She ruled that the party did not demonstrate an actual controversy, so the district court should not have considered the matter in the first place.
Jones noted that the Mississippi Democrats have never challenged voters on the issue of "party raiding" (crossover Republican voters) so they have no evidence that such a practice is taking place.
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