Both sides in the California lawsuit Soltysik v Padilla have agreed to postpone the trial from September 22, 2020, until January 5, 2021. This is the case in U.S. District Court in Los Angeles on the California law that won’t let members of unqualified parties have their party label on the primary ballot. Instead they must have “party preference: none.” The plaintiff ran for legislature in 2014 and is a registered Socialist.
One more —
get – past – the – next – election machination.
Why have USELESS courts in election law cases ???
A thought exercise.
The California Constitution does not define “party preference”. It does say that the manner in which party preference is presented on the ballot is to be provided by statute (Article II, Section 5(b) )
Proposition 14 stated that existing party affiliations should be deemed to be converted to a party preference. California has always distinguished party affiliation with non-qualified parties being distinct from Decline To State or No Party Preference. This was emphasized in an Election Advisory before the June 2010 election at which Proposition 14 was approved. In guidance to voters for the 2020 presidential primary, the guidance for voters with a preference for a non-qualified party is separate from that for NPP voters. There are 8 classes of voters: 6 for those who prefer one of the qualified parties; 1 for those who prefer non-qualified parties; and NPP voters. California’s scheme for qualified parties is unworkable if voters could not register a preference for a non-qualified party.
Proposition 14 stated that legislation enacted by the legislature would implement voter-nominated elections. That legislation was SB 6.
SB 6 converted party affilation for voters to party preferences. That conversion distinguished between DTS voters and those having a party affiliation. It made no distinction between qualified and non-qualified parties.
SB 6 provided that a candidate for a voter-nominated office has the same party preference as on his affidavit of voter registration. He could also have any party affiliation omitted.
SOS Debra Bowen by regulation overrode the clear statute. She later convinced the legislature to change the statute.
Ballots state that the party preference is chosen solely by the candidate. It is a lie that Emidio Soltysik chose to have “No Party Preference” next to his name on ballots.
Abolish the rotted to the core top 2 primary – now infecting the USA.
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EQUAL nom pets for all candidates for legis/partisan offices.
PR and AppV and TOTSOP.