On March 2, Allen D. Clark, a California union official, filed a lawsuit in Sacramento Superior Court, to require that the ballot description of Proposition 14, the “top-two open primary” measure, be altered. The case is Clark v Bowan, 34-2010-80000460.

The legislature wrote the ballot description for Proposition 14. It says, “Elections. Primaries. Greater Participation in Elections.” “Reforms the primary election process for congressional, statewide and legislative races. Allows all voters to choose any candidate regardless of the candidate’s or voter’s political party preference. Ensures that the two candidates receiving the greatest number of votes will appear on the general election ballot regardless of party preference.”

Clark proposes this language: “Changes primary election process. Changes primary election procedures for congressional, legislative and statewide races. Allows all voters to choose any candidate regardless of the candidate’s or voter’s political party preference. Does not require candidates to disclose their registered political party preference. Eliminates political parties’ rights to be on the general election ballot. Ensures that only the two candidates receiving the greatest number of votes will appear on the general election ballot regardless of their registered political party preference. Does not change primary election for President, party committee officers, and nonpartisan offices.”

The California Election Code says the description of ballot measures must be neutral.