On June 18, the California government filed its brief in the State Court of Appeals in Rubin v Bowen, the minor party case against the top-two system. The government brief has some of the same deficiencies of the brief filed by top-two supporters. On page one it refers to California’s elections for Congress, state legislature, and state executive office as “nonpartisan.” And page sixteen says the November election is a “runoff.”
Page twenty-two implies that, before California put the top-two system in place, independent voters could not vote in partisan primaries. The truth is that between 2001 and 2010, independent voters were asked at the polling place if they wished to vote on a Democratic or Republican primary ballot, for all congressional and state office elections.