On June 18, more briefs were filed in Rubin v Bowen, the California case filed by the Green, Libertarian, and Peace & Freedom Parties against Proposition 14, the top-two election system. The next step is for the Alameda County Superior Court to decide whether the parties are entitled to a trial to show that the system violates voters’ rights in the general election. To see the brief of the plaintiffs, and the brief of the Secretary of State, use this link to take you to the court web page. Click on “case summary” and then enter the case number, RG11605301. That takes one to that case. Then choose “Register of Actions.” Then click on the last two documents (or any documents you wish) to read them. Your computer needs to have either Java or Tiff to read any of the documents.
Lubin v Panish was about ballot access to a June primary, at which at most two candidates advance to the November general election. The legislation that resulted from that case is now complained against 40 years later.
The principles set forth in Lubin v Panish apply to all elections, primary and general alike. It’s just a historical accident that the case involved a non-partisan county office. The plaintiff was a Peace & Freedom Party activist and after he won the case, the California legislature wrote a new law on petitions in lieu of filing fee that applied equally to all types of elections, non-partisan and partisan alike; primary and general alike.
That law the legislature passed applies to non-partisan and voter-nominated offices alike, and to all candidates. All candidates for these offices, regardless of their party affiliation, or lack thereof qualify for the primary ballot in the same way.
Candidates qualify for the general election ballot the same way. By receiving more votes than their opponents.
It is non-discriminatory against any class of candidates, except those that receive fewer votes.
That is the purpose of an election. It discriminates on the basis of the number of votes received.