On August 8, the California State Appeals Court in San Francisco agreed to let the California Green Party file an amicus curiae brief in Rubin v Bowen, the case that argues that the top-two system violates the rights of voters who wish to vote for minor party candidates in the general election. The original plaintiffs in that case include the Alameda Green Party, the Peace & Freedom Party, and the state Libertarian Party. The state Green Party was not, and is not, part of the case itself.

The groups that support the top-two system always intervene in every case on the California top-two system. They are Steve Peace’s Independent Voters Project, and Californians for an Open Primary. Courts always let them intervene. Yet these groups asked the California State Appeals Court not to let the Green Party of California file an amicus brief, on the grounds that the Green Party of Alameda County and the state Green Party are essentially the same organization, and that to permit the amicus would not be fair to the supporters of the top-two system.