Bill Whalen Article Describes How California Top-Two Leads to Manipulative, Insincere Political Advertising

Posted on by February 15, 2026

Bill Whalen, a California political analyst and research fellow at the Hoover Institution, here describes how the California top-two system causes massive insincere campaign spending. Typically Democratic candidates direct spending to influence which Republican manages to qualify as one of the top two contenders in the primary.

Whalen also notes that the top-two system does not boost moderates.

Comments

Bill Whalen Article Describes How California Top-Two Leads to Manipulative, Insincere Political Advertising — 24 Comments

  1. Relax and don’t worry, it’s going to be fine. The White People’s movement keeps getting bigger all the time. I’m dreaming of a White nation, just like the ones that I once knew. And now with mass deportation, my dream is starting to come true!

  2. I support Donald Trump by supporting Patriarchy and I support Patriarchy by supporting Donald Trump!

  5. We will deprogram the AZ SPAMBOT in a horrific way, as President Trump already would have if he was a tyrant.

  6. Demoncrats love fascism and fascist vote Demon(c)rat. Liberator Trump hates fascists and fAZcists hate Liberator Trump . The only commie fascist extremist primary is the demon rat primary.

  7. Lots of talk about how lousy the top two system is, but nobody in California seems able to propose a solution.

  8. Why not just change it to where the runoff is an actual runoff, only when there’s no majority winner in the first round?

  9. Because of an 1872 federal law that tells states to hold congressional elections in all districts in November. Louisiana had been doing what you suggest in the 1980’s and 1990’s, but the US Supreme Court held unanimously in Foster v Love that Louisiana couldn’t continue to do that. So Louisiana then switched to having no voting at all (for congress) until November, with a runoff in December if no one got 50%. The trouble with that is that some elected members then get to congress later than members elected from other states. So then Louisiana switched again in 2024 to closed primaries for congress.

  17. The AZ spambot has confused Nazis, who attacked Britain, with those who are now defending Britain from attack.

  18. Real Facts

    “AZ spambot,

    As always, if President Trump was a tyrant, you would be deprogrammed, your programmers would be in prison, and this website would be taken down.”

    Duh!

  19. @RW,

    The lawyers for Love were indifferent to the 1872 law. They were just trying to sabotage the Open Primary. The AG for Louisiana (Mike Foster was governor at the time of the appeal) argued that the the Open Primary was so unique that the 1872 law did not apply. The lawyers for Love correctly pointed out that the Open Primary was precisely how elections were conducted in 1872, except there were no government-printed ballots at the time. The voters would choose their representatives on the date set by Congress.

    On remand, the district court gave an opportunity to the Legislature to fix their election laws. The House and Foster simply wanted to change the calendar. The Senate and Cleo Fields wanted to switch back to the old system where representatives would be chosen in the Democratic primary prior to the date prescribed for choosing representatives. With the houses deadlocked, it was left to the district court to decide. They chose to change the calendar so that the Open Primary was on the federal election date (set back in 1872). The Love lawyers appealed, but the 5th Circuit upheld the new calendar in ‘Love v. Foster’

    The legislature tried to switch back to something like the former calendar. If there were two candidates, the election would be held on the Federal election date. If there were three or more candidates, an Open Primary would be held in October. With three or more candidates it was expected that there would at least be a chance that the representative would be chosen in a runoff on the Federal election date. A federal district court blocked this in Daughter of Love vs. Blanco. This lawsuit was filed on behalf of the minor daughter of the original Love plaintiff. She would turn 18 between the potential open primary in October and the November federal election date, and the complaint argued that this was a violation of the 26th Amendment. I don’t think the decision was based on the 26th Amendment. If it had, an argument could be made against all preliminary partisan primaries that abridge the right to vote for those who turn 18 after the primary but before the date designated by Congress for the choosing of representatives (see Smith v Allwright).

    The Legislature later imposed partisan primaries on congressional elections, but held the primary and primary runoff in September and October, immediately before the federal election date. In Louisiana, overseas voters are permitted to cast an RCV ballot for contingent elections, so there does not have to be two months between elections. Ironically, in 2008, a hurricane disrupted the partisan primary, delaying it to the date set for a potential primary runoff. In some districts, this meant the primary runoff would be held on the federal election date, and the final election in early December. This resulted in election of the Republican Joseph Cao in a black-majority New Orleans district. Democrat voters had turned out to vote for Barack Obama in November, and did not return to vote for William Jefferson in December.

    The Legislature restored the Open Congressional Primary for the 2012 election. When partisan primaries were held, a lockout switch was used on voting machines to select the party for the voter. There were not enough switch positions to provide for a Libertarian primary. A Republican senator told the story of his wife voting in a primary. She was directed to a voting booth where she did not recognize the names of the candidates. The election clerk explained those were Republicans. The senator’s wife, although a lady, used most unladylike terms to express that if she were a Republican, that the clerk might proceed directly to the nether world. The clerk apologized profusely, and conducted her to a voting machine set up for a Democrat. When asked about the other voting machine, the clerk said they would let the next Republican vote using it.

    A Republican representative thought it would be bizarre to be campaigning, and finding out that a voter who liked him personally, could not vote for him in the primary because of his party affiliation, and the candidate saying, “OK, would you vote for me in a month?”. Nobody in the legislature at that time had ever campaigned in an election where it was not normal to seek the vote of every voter.

    Unfortunately, the Legislature has gone back to closed congressional primaries. Because there are other partisan elections, they have switched to a May primary, with filing in February. To “comply” with federal law, Louisiana will choose it representatives six months before the date putative date set by Congress.

  21. If “an argument could be made against all preliminary partisan primaries that abridge the right to vote for those who turn 18 after the primary but before the date designated by Congress for the choosing of representatives” maybe somebody ought to bring forth that litigation.

  22. You also can’t spell NAZI without AZ !!! I am on the side of TRIUMPH with TRUMP and defeating the NAZIS and AZ !!!

  23. 2 U.S. Code § 7

    “The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter.”

    Article 1, Section 2: The House of Representatives

    “The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.”

    Article 1, Section 4: Elections

    The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

    SCOTUS has interpreted “chosen by the People” as being chosen by the whole voters of the State, or if chosen by separate electorates (e.g., districts) that those districts have roughly equal numbers of voters or persons (see Wesberry v Sanders). 26th Amendment requires that “voters” include citizens over the age of 18. SCOTUS has interpreted the 14th and 15th Amendments as precluding holding preliminary events that exclude some citizens, and often effectively determine the result of “the election”

  24. Forever Trump, I want to have forever Trump
    Do you really want Trump as President forever?
    Forever, and ever
    Forever Trump, I want to have forever Trump

    Do you really want Trump forever?
    Forever Trump!

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