Supporters of California’s Top-Two Election System Intervene in Court in Order to Fight Write-ins

On August 22, supporters of California’s top-two election system asked to file an amicus curiae brief in Milonopoulos v Bowen, central district, 2:14cv-5973. This is a lawsuit filed by a Los Angeles County voter, Theo Milonopoulos, who seeks to restore write-in space on the November ballot for Congress and partisan state office. The amicus will argue that no relief should be granted. The amicus is on behalf of “Californians to Defend the Open Primary.”

It is puzzling that the forces who put the top-two primary into effect in California are fighting an attempt to regain write-in space. Washington state, which also has a top-two system, allows write-ins in the general election. On August 27, Judge David O. Carter ruled that Californians to Defend the Open Primary may file their amicus curiae brief.


Supporters of California’s Top-Two Election System Intervene in Court in Order to Fight Write-ins — 2 Comments

  1. Though it is very difficult (almost impossible) for any write-in campaign to win an election, the amicus brief by top-two supporters only illustrates that the political powers that monopolize elections are mean-spirited in opposing the ability to write-in. Surely they do not fear write-ins per se!
    It is a long time from June to November. What would be their solution to a possible problem of one or both of the “top two” being caught in some sort of scandal or arrested during that period? If they are allowed to file such a brief, it will surely be interesting to see what sort of ridiculous reasoning they use against write-ins.

  2. Washington prohibits sore loser candidates such as Theo Milonopoulos (he would not have qualified under a Top 18 system) from running as a write-in candidates in the general election.

    Milonopoulos is making the claim that by not permitting him to run as a write-in candidate, it violates the qualifications clause. But if California is doing so for all write-in candidates, then Washington is doing so for certain candidates.

    As you know, Louisiana does not permit write-in candidates in either the primary or general election.

    California would be better served by moving the primary to September, and cancelling the general election if one of the nominees died. In such cases, it should proceed immediately to a special election.

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