On August 3, the California minor parties who are suing to overturn the top-two system filed this brief in Peace & Freedom Party v Weber, n.d., 3:24cv-8308.
On August 3, the California minor parties who are suing to overturn the top-two system filed this brief in Peace & Freedom Party v Weber, n.d., 3:24cv-8308.
https://www.yahoo.com/news/politics/articles/fbi-agents-fired-over-trump-145408791.html
FBI AGENTS VS TT
California’s statutes implementing the Open Primary are contrary to the California Constitution.
Article II, Section 5(b):
(b) Except as otherwise provided by Section 6, a candidate for a congressional or state elective office may have his or her political party preference, or lack of political party preference, indicated upon the ballot for the office in the manner provided by statute. A political party or party central committee shall not nominate a candidate for any congressional or state elective office at the voter-nominated primary. This subdivision shall not be interpreted to prohibit a political party or party central committee from endorsing, supporting, or opposing any candidate for a congressional or state elective office. A political party or party central committee shall not have the right to have its preferred candidate participate in the general election for a voter-nominated office other than a candidate who is one of the two highest vote-getters at the primary election, as provided in subdivision (a).
A voter’s political party preference is personal (i.e. his or her). In California, voters may disclose their political party preference on their affidavit of voter registration. The most recent registration report by the defendant SOS, Dr. Shirley N. Weber, show that 729 Californian voters had disclosed a preference for the American Solidarity Party. When Weber is deposed, she should be asked how her office determined that 729 California voters preferred the American Solidarity Party, and that these are distinct from the 5,284,968 voters who chose not to disclose a political party preference. A political party preference is an expression of political association, and protected under the 1st and 14th Amendments. The California candidate application requires candidates to state their political party preference. On the same form they then are then required to state their preference for a so-called “qualified” political party. To require a candidate to have a contra-factual statement on the ballot next to their name is NOT a manner regulation.
NO political party is qualified to have a candidate appear on a primary or general election ballot for a voter-nominated office. The purpose of Proposition 14 was to extirpate that privilege. Political parties whether large or small, “qualified” or not, are free to endorse and support any candidate. a political party may recruit candidates, provide financial and other support. They may do the same for candidates for non-partisan office such as Superintendent Of Public Instruction or county supervisor or local offices.
The implementing legislation for Proposition 14 provided that a candidate for a voter-nominated office could have their political party preference appear on the ballot next to their name. Secretary of State Debra Bowen then promulgated regulations contrary to the statute. Bowen was herself a candidate in one of the first elections held under Top 2. She may have been self-dealing. Or perhaps the unionized workers in the SOS office had written the regulation. Unions were among the most vocal opponents of an open primary. There should be discovery on this issue.