California Republican Sues to Overturn Write-in Restriction

On July 28, a lawsuit was filed to overturn California election code section 8605, which makes it extremely difficult for parties to nominate candidates by write-ins in their own primaries. Sonoma County Republican Central Committee & Raylene Wiesner v McPherson. The case number has not yet been assigned.

In November 2004, the California voters amended the state constitution, to provide that parties cannot be denied the right to place on the November ballot, the person who got the most votes in that party’s primary. Raylene Wiesner was the only candidate in the Republican primary this year for Assembly, 7th district. She was a write-in in that primary. She received 687 write-in votes, but sec. 8605 says that she needed 1,683 write-in votes. No one in any California partisan primary this year received enough votes to be nominated under section 8605, but section 8605 appears invalid, given the new Constitutional provision. The case was filed in Superior Court in Sacramento.


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