A curious bill filed by freshman legislator Rep. Dixon McMakin (HB200) might change the trajectory of Louisiana’s entire closed primary debate. Though framed as “just a local bill,” its real goal is a state takeover of East Baton Rouge’s Republican Parish Executive Committee (RPEC). Specifically, the bill mandates that certain public officials (like Rep. McMakin) become automatic members of the local GOP committee, whether the party wants them there or not. If passed, these officials would become voting members and even count toward quorum.
At first glance, I bet you’re wondering what this has to do with closed primaries. This bill seems like just one of those mundane local bills no one pays attention to. But it actually blows right past the First Amendment. We know this because the U.S. Supreme Court has made it crystal clear: political parties are private associations with the constitutional right to determine their internal leadership and nomination rules. Thanks to the research associated with this bill, we may have found the linchpin that could dismantle our jungle primary system forever.
Supreme Court Rulings
In Tashjian v. Republican Party of Connecticut (1986), the Court held that a state law requiring closed primaries violated the First Amendment rights of the Republican Party, which had adopted a rule allowing independents to vote in its primaries. Justice Marshall, writing for the majority, stated:
“The State’s power to regulate the time, place, and manner of elections does not justify, without more, the abridgment of fundamental rights, such as the right of political association.”
In other words, a political party (not the state) decides who participates in its nomination process.
In Eu v. San Francisco Democratic Central Committee (1989), the Court struck down California laws restricting how political parties could organize themselves internally and make endorsements. Justice Stevens wrote:
“A State cannot substitute its judgment for that of the party as to the desirability of a particular structure for conducting the party’s affairs…”
Rep. McMakin’s bill does both: it compels association and mandates internal structure. It also overrides party bylaws and inserts state law into a party’s internal structure, which makes it unconstitutional.
Louisiana’s Closed Primaries
Last year, Rep. Julie Emerson passed HB873, which brought back a form of closed primaries. But in a move that would make George Orwell proud, the Legislature amended the bill to exempt itself from the new system! So while some races now have party primaries, legislative races continue under Louisiana’s jungle primary model.
Some have argued that we’re implementing closed primaries incrementally. However, one only needs to review this year’s proposed legislation to realize that no bill expanding closed primaries has been filed. Translation: Voters are being subjected to a patchwork election code that is inconsistent, confusing, and designed to protect incumbents.
Enter the Dorothy Doctrine
Rep. McMakin may have unwittingly sparked a constitutional awakening in Louisiana. What if the Republican Party of Louisiana doesn’t need legislative permission to close state primaries? What if it’s always had that power?
Thanks to this conversation, Republican leaders may suddenly realize, much like Judy Garland’s character Dorothy in The Wizard of Oz, they’ve had the power to fix Louisiana’s closed primary system all along.
According to binding Supreme Court precedent, the GOP can set its own nomination rules — including closed primaries — even in a state-run election. How do you like that? That means McMakin’s overreach could become the catalyst party leaders needed to recognize their authority to dismantle Louisiana’s jungle primary system.
But here’s the kicker: Even though the legislature amended Rep. Julie Emerson’s bill to exempt themselves from a new closed primary framework, the Republican party doesn’t need their permission. Based on Tashjian, if the GOP leadership is feeling frisky, it could immediately press the state to include all Republican elected offices — even “exempted” legislative seats — in a closed primary system.
So What Happens Now?
At the time of writing, HB200 has only just been scheduled for tomorrow’s House & Governmental Affairs committee. But the damage may already be done. By this overreach, McMakin may have unwittingly sparked a conversation that undoes the Legislature’s closed primary exemption. If the state Republican Party is paying attention, it may realize it never needed permission from the Legislature to demand closed primaries. It has had the power to do so all along.
And if the courts agree? McMakin’s mistake won’t just be ironic — it’ll be transformative.
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