The hearing in Rubin v Bowen, which had been set for March 6 in Superior Court in Alameda County (at the Oakland Courthouse) has been postponed until April 10. This is the case against the California “top-two” system (Proposition 14), filed by the Peace & Freedom Party, the Libertarian Party of California, and the Alameda County Green Party. It is the only case against any state’s top-two system that has been filed by minor parties exclusively, and which focuses on the exclusion of all but two candidates from the election itself.
This case should not be confused with the lawsuits Field v Bowen, and Chamness v Bowen, which attack two particular details of California’s top-two system: (1) no write-ins; (2) discriminatory policy on ballot labels. Chamness v Bowen is pending in the 9th circuit.
What part of the U.S.A. Const or the CA Const. says that there MUST be 3 or more party candidates on general election ballots for single offices ???
P.R. and nonpartisan App.V.
Richard Winger informs me that the Oakland courthouse is located at 1225 Fallon Street, and the hearing will be with Judge Appel in Department 16, at 9:00 a.m.
Thanks Richard, because we were set to be there.
–James Ogle and Joy Waymire for President 2012
Does California’s scheme for nonpartisan elections violate the 1st and 14th Amendments to the US Constitution?
Voters in California have never declared their “party membership“. They were able to express the “party they intended to affiliate with at the ensuing primary election.” (see Elections Code 2151, pre-SB 6). Both forms are a matter of personal political belief, and are interchangeable (see Elections Code 6000).
Party preference is not the only item that appears next to a candidate’s name.
Elections Code 19301+ is leftover junk from when voters could individually select presidential electors. Any changes that SB 6 made are severable.
Justice Scalia was a dissent in the decision that upheld the facial challenge to Washington’s Top 2 primary. On remand to the federal district court, it was withstood an as-applied challenge, a decision that was upheld by the 9th Circuit.
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How much of the mere CA election code/law is NOW obsolete/insane due to the CA CONST AMENDMENT about the top 2 primary ???
Will it take centuries to clean up such CA election code/law ???