On January 26, the California Assembly Elections Committee unanimously passed AB 1413, which tweaks several aspects of the top-two system, and which also removes write-in space from November ballots for Congress and partisan state office. Some of the legislators appeared to believe that write-in space on the ballot is a good idea. But they still voted for the bill, apparently for two reasons: (1) California elections officials say the bill must pass quickly or they will not be able to administer the election. Some legislators fear that if the bill were amended to leave write-in space on the ballot and to provide that write-ins may be counted, the bill would lose support; (2) the proponents of top-two are vehemently opposed to allowing write-in space on the November ballot, at least in the 2012 election.

The primary funder for the legal defense of the top-two system, Dr. Charles Munger, Jr., attended the hearing, along with four attorneys who are with the law firm that has been defending the top-two system in court. Dr. Munger did not testify. But after the hearing, he spoke of his great satisfaction that in 2012, California voters in the general election for Congress and state office will be forced (if they vote at all) to vote for one of the two candidates listed on the ballot. He spoke disparagingly of voters who persist in voting for candidates who can’t win. This is an authoritarian approach to voting rights, and Dr. Munger seems to have no empathy for voters whose political values are such that they may not be able to vote for either of the two listed candidates. Of course, this approach to voting has the effect of reducing voter participation.

It is possible that a bill to restore write-ins will be introduced soon, but it could not take effect in time for the November 2012 election.