This article by Ned Foley is published by The Election law Blog. Here is an excerpt:
Following upon on my previous post A Rational Two-Party System?, which was prompted by a N.Y. Times story on one of Ohio’s GOP primaries last week, this post is prompted by a N.Y. Times account of Nebraska’s upcoming GOP gubernatorial primary.
It’s another three-way race that is likely to have a plurality, rather than majority, winner: “Polling in the final days before Tuesday’s vote shows the race is a three-way dead heat.”
This raises the question whether it would be constitutionally permissible, consistent with the First Amendment doctrine reflected in California Democratic Party v. Jones, for a state to require a political party to use a majority-winner rather than plurality-winner procedure to have its winning candidate listed on the state’s general election ballot as the party’s nominee.
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