Category Archives: Proposition 14

California Minor Parties File Reply Brief in State Supreme Court in Lawsuit Against Top-Two System


From Richard Winger at Ballot Access News:

On April 9, the Peace & Freedom Party of California, the Libertarian Party of California, and the Green Party of Alameda County filed this reply brief in Rubin v Padilla, the case pending in the State Supreme Court on whether the California top-two system injures voting rights.… Read more ...

California’s (top) two only law may be responsible for sharpest drop in voter turnout of any state

Ballot Access News:

Political Science Professor Michael McDonald has a webpage that posts turnout data for each state. McDonald determines the number of ballots cast in each state, and divides that by the voting-eligible population. “Voting-eligible population” means not only the number of registered voters, but the number of people who could register if they chose to.… Read more ...

Thomas L. Knapp: Time to End the Election Duopoly

From Thomas L. Knapp at Free Press Publications:

California’s elections system is making news again (“Top-two primary system survives challenge,” by Thomas Elias, Salinas Californian, February 17). “Top two,” in California and elsewhere, is the latest effort to strengthen the Republican and Democratic parties’ monopoly — “duopoly” — over American politics.… Read more ...

Top Two Only proponents wage campaign of deception about the prior primary system in California being “closed”


Ballot Access News:

Martin Wisckol, politics reporter for the Orange County (California) Register, has this column about recent political science research on California’s top-two system. Unfortunately, Wisckol, like so many other otherwise well-informed people, says that before the top-two system was implemented in California, independent voters were not able to vote in major party primaries for Congress and partisan state office.

Read more ...

Ted Brown of CA Libertarian Party Writes Letter to Editor About Top-Two

Ted Brown

Ted Brown, long-time Libertarian activist, had a letter posted in the Los Angeles Times today. Mr. Brown was chairman of the Libertarian Party of CA in the eighties, and has held several other leadership postions in California since then.

Re: “Too early to tell on top two?” Editorial, Feb. 10:

Your editorial fails to mention how top-two voting under Proposition 14 virtually eliminates alternative parties from the general election ballot.… Read more ...

But Not When It Counts: A Critique of CA’s Top-Two Primary

ca flag and ballot box 

Feb 12, 2015

By Andrew Gripp

Let’s imagine there are three voters all in the same district: Mr. Blue, Mrs. White, and Mrs. Green.

•Mr. Blue is a registered Democrat, and his favorite candidate is also a Democrat, Candidate L – a liberal. His second preference is Candidate M – a moderate Democrat.… Read more ...

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.

Read more ...

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.

Read more ...