Bayless

*1280 OPINION

Arizona Libertarian Party, Inc., and four of its members, challenge Arizona’s semiclosed primary system, added to the state constitution by Arizona voters in 1998. Under Arizona’s primary system, voters who are unaffiliated, registered as independents, or registered as members of parties that are not on the primary ballot may vote in the party primary of their choice. See Ariz. Const, art. VII, § 10; Ariz.Rev.Stat. §§ 16-467, 16-542. Voters who are registered with a party that is on the ballot may vote only in their party’s primary. See Ariz.Rev.Stat. § 16-467. The primary ballot contains the names of candidates for all government officers elected in the general election, as well as party precinct committeemen, who are elected in the primary.

The district court held that the primary system violates the plaintiffs’ First Amendment right to select their party leaders free from governmental interference because the law allows nonparty members to vote for party precinct committeemen. See Arizona Libertarian Party, Inc. v. Pima County Bd. of Supervisors, 216 F.Supp.2d 1007, 1010 (D.Ariz.2002). The court summarily held that the entire primary system was unconstitutional…