On January 25, the Alameda County, California, Superior Court issued a procedural ruling in Rubin v Bowen, RG11-605301. This is the lawsuit filed by the state Peace & Freedom Party and Libertarian Party, and the Alameda County Green Party, that challenges the top-two system on the grounds that it violates the rights of voters who wish to vote for minor party candidates in the November election.
The ruling says that the last complaint, which was filed before the 2012 election, needs to be re-written, to take account of what happened in the 2012 election. In that election, all minor party candidates who ran for either branch of Congress failed to place first or second in June, and therefore did not appear on the November ballot. The only minor party candidates for state office that placed second in the June primary were three Peace & Freedom Party candidates, and the only reason they succeeded is that only one person had filed to be on the June primary ballot, so the PFP members filed as write-in candidates in the primary and managed to place second.
The next hearing in this case is a status conference to be held on March 4, 2013.