Dems May Challenge Voters in Indiana

Indiana Dems are clearly worried about the effect of Operation Chaos on their primary election, and are considering invoking a clearly unconstitutional loyalty test for voters they suspect are crossing party lines to mess with their election:

With Republicans and independents likely to be the deciding factor in next week's Democratic primary in Indiana, Rick Hasen points to a "quirky state law" which "gives voters the right to challenge other voters at the polls for not being sufficiently loyal to the political party in whose primary they are voting."

While the primary is technically open, the law requires that voters in a Democratic primary "voted for more Democrats than Republicans in the last general election" or "did not vote the last time around but intend to vote for a majority of Democrats in the next general election."

Furthermore, the law "specifically provides that a voter can challenge another voter at the polling place for not meeting these requirements. The challenger gets to demand that the voter sign an affidavit stating that she meets one of the two requirements above. If the voter signs the affidavit under penalty of perjury, she can vote."

There's no way on God's green earth that challenges like that could withstand a constitutional challenge. Voters have the right to vote for whomever they wish and for any reason they wish, and a requirement that they commit to vote for a majority from one party in order to participate