Category Archives: Proposition 14

California State Court of Appeals upholds top two only scheme, bases decision on factual errors

Ballot Access News reports:

On January 29, the California State Court of Appeals ruled that California’s minor parties are not entitled to a trial, to present evidence showing that the top-two system injures voting rights of voters who wish to vote for minor parties in the general election. The case is Rubin v Padilla.

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Richard Winger Featured In Article About California’s “Top-Two” Lawsuit Appeal

Partisan Advocate Fears Calif. Court May Side with Voters

Jan 16, 2015
By Shawn M. Griffiths

On Thursday, January 15, oral arguments were made before the California State Appeals Court in San Francisco in the case Rubin v. Bowen. Third parties continue to challenge the nonpartisan, top-two open primary in the state, claiming that the system violates the association rights of political parties and disenfranchises third-party voters in the general election.… Read more ...

Ballot Access News: California State Appeals Court Hearing Goes Badly for Minor Parties

From Richard Winger at Ballot Access News:

On January 15, the California State Appeals Court based in San Francisco heard oral arguments in Rubin v Bowen, the case in which minor parties sued to overturn the top-two primary system on the grounds that the system disenfranchises voters in the general election who wish to vote for minor party candidates.… Read more ...

California Top-Two Hearing this Thursday in San Francisco

From the Libertarian Party website:

The California Court of Appeals is conducting a hearing this week as to whether the top-two primary system unconstitutionally harms the voting rights of voters who want to vote for minor party candidates in general elections.

The hearing is this Thursday, January 15, at 9 am.… Read more ...

Bloomberg Politics Carries Analysis of How Democrats Might be Eliminated from November 2016 Ballot for California U.S. Senate Race

Ballot Access News:

Dave Weigel has this analysis at Bloomberg Politics on the California U.S. Senate race for 2016. Because incumbent Democrat Barbara Boxer won’t run for re-election, it is likely that four or five prominent Democrats might run for the seat. The analysis says if there are two strong Republicans, it is possible the two Republicans might place first and second in the primary, eliminating all Democrats from the November ballot due to California’s top-two system.

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U.S. District Court Upholds California Ban on Write-in Votes in November Elections for Partisan Office

Theo Milonopoulos

From Richard Winger at Ballot Access News:

On December 24, U.S. District Court Judge David O. Carter upheld California’s ban on write-in votes at the general election for Congress and partisan state office. Milonopoulos v Bowen, central district, 2:14cv-5973. The case had been filed by Theo Milonopoulos on July 30, 2014.… Read more ...

Might California’s Low Voter Turnout Spark 2016 Initiative Frenzy?

voting ca

Is it possible that third parties in California could organize an initiative for 2016 to neutralize Top-two?

Posted to kqednews

By John Myers
November 12, 2014

Here’s one to ponder as we await the tallying of tens of thousands of uncounted ballots: Will this fall’s voter malaise in California plant the seeds for a ballot initiative frenzy in two years?… Read more ...

Minor Party and Independent Vote for Office at Top of Ticket in 2014 was Lower than in Recent Past Midterm Elections


From Richard Winger at Ballot Access News:

Based on preliminary election returns, it appears the percentage of the vote in the November 2014 election for independent and minor party candidates, for the office at the top of the ballot, was 4.4%.

By contrast, in 2010 it was 5.4%; in 2006 it was 5.0%; in 2002, it was 5.3%; in 1998, it was 4.9%; in 1994, it was 4.5%; in 1990, it was 4.6%; in 1986 it was 3.6%.… Read more ...

Alameda County Greens Ask CA Voters to Cast Blank Ballots for Statewide Races

From Richard Winger at Ballot Access News:

The Alameda County Green Party here suggests that California voters vote next month, but that they cast blank ballots for all the seven partisan statewide races. California is the only state this year in which voters cannot vote for any statewide partisan office unless they vote for a Democrat or a Republican.… Read more ...

Michael Bloomberg Pours $1.25 Million into Oregon Top Two Campaign

Michael Bloomberg, former Republican/independent mayor of New York City & 8th richest man in the country, has reportedly contributed over one million dollars to promote Oregon’s Measure 90, the “Top Two” election system. From an email blast from the Free and Equal Elections Foundation:

The Free and Equal Elections Foundation, a non-partisan election reform organization, is calling into question former New York Mayor & billionaire Mike Bloomberg’s $1.25 million dollar contribution to Oregon’s Measure 90 (Top Two primary system), as part of Free and Equal’s Stop Top Two Nationwide campaign, one of the organization’s many initiatives to create open elections free of big money influence.… Read more ...

New Ballot Access Law in California Keeps 4 Alternative Parties on the Ballot

From Ballot Access News:

On September 30, California Governor Jerry Brown signed AB 2351, which makes it easier for a group to qualify as a party in California, and also makes it easier for an already-existing party to remain ballot-qualified. The old law required an already-existing party to either poll 2% for any statewide in a general election, or to have 103,004 registrants (1% of the November 2010 turnout).… Read more ...

LA Times Op-Ed Ties Voter Apathy to Limited Choice

From Ballot Access News:

The Los Angeles Times has this op-ed, published October 2, by Ted Rall. Rall has been an editorial cartoonist for many decades. His column says California and other low-turnout states will never match the higher turnout of most other democratic countries, until there are more choices on the ballot.… Read more ...