Green Party and Peace & Freedom Party Each Poll Higher Statewide Percentages in California Than in 2018

California held its top-two primary on June 7, 2022. The Green Party, and the Peace & Freedom Party, each had higher percentages for statewide offices than they had received in the 2018 top-two primary.

In the 2022 primary, each party had three statewide candidates who polled over 2%. By contrast, in 2018, each party only had one candidate who polled 2%. Polling 2% guarantees a party continued qualified status for the next two elections.

In 2022, Peace & Freedom polled 3.1% for Treasurer, 2.3% for Insurance Commissioner, and 2.1% for Lieutenant Governor. But in 2018, it only had one candidate who polled over 2% for a statewide office: Treasurer 2.3%.

In 2022, the Green Party polled 3.5% for Controller, 2.7% for Attorney General, and 2.5% for Secretary of State. But in 2018, it only had one candidate who polled over 2% for a statewide office: Secretary of State 2.1%.

Last autumn, the two parties worked out an agreement to endorse each other’s statewide candidates, and to discourage its members from running for a statewide race if the other partner party had already announced a candidate for that particular office.

The Libertarian Party, and the American Independent Party, didn’t run any statewide candidates in 2022, but they each have far more registrations than they need to retain their qualified status.

U.S. Supreme Court Won’t Upset Third Circuit “Materiality” Ruling for Now

On June 9, the U.S. Supreme Court, by a vote of 6-3, decided to accept for the time being the Third Circuit ruling that allows postal ballots to be counted, even if the voter forgot to add the date next to his or her signature. In Pennsylvania, all postal ballots are date-stamped when received by the election administration office. Thus, the Third Circuit felt the failure of the voter to add a date didn’t really matter.

The Third Circuit had depended on the “materiality” provision of the federal Voting Rights Act, which says, in essence, that no one should be deprived of the vote just because of a paperwork error that doesn’t make any practical difference.

Justices Alito, Thomas and Gorsuch were in the minority, and Justice Alito wrote for the three of them. See his reasoning here. He wants to interpret the “materiality” clause in a very narrow manner. It is possible the Court will accept the case, Ritter v Migliori, 21A772, in the near future, if the 2021 candidate who lost in the Third Circuit wants to bother.

The “materiality” clause has been used in the past to strike down very strict rules for petitions, so it is helpful to ballot access if interpreted broadly.

Procedural Win in Alabama Case Over Access to List of Registered Voters

An Alabama voter rights group sued the Secretary of State earlier this year to gain free access to a partial list of the registered voters. On June 2, U.S. District Court Judge Myron Thompson, a Carter appointee, ruled against the Secretary of State’s request to dismiss the lawsuit. Now there will be a trial.

The plaintiff is the Greater Birmingham Ministries. It wants the list of persons whose voter registration was purged. The state is willing to sell these records, but the plaintiff believes the federal Voting Rights Act guarantees them a free copy. Greater Birmingham Ministries v Merrill, m.d., 2:22cv-205.

This case had originally been filed in the northern district, but on April 13, the judge in that district ruled that it must be filed in the middle district, which contains the state capital, Montgomery. The case was then re-filed in Montgomery.

Nevada Supreme Court Hears Oral Argument on Top-Five Initiative

On June 8, the Nevada Supreme Court heard Helton v Nevada Voters First, 84110. This is a lawsuit filed by opponents of the top-five initiative. The opponents charge that the top-five initiative violates the single subject rule, because it includes both an abolition of the ability of parties to have nominees, as well as ranked choice voting. See this story, which describes the oral argument. Thanks to Fairvote for the link.

John Myers, Sacramento Bureau Chief for Los Angeles Times, Analyzes California’s Top-Two System

John Myers, Los Angeles Times Bureau Chief in Sacramento, has this analysis of California’s top-two system. There is one riveting piece of news in the article that I had missed. For the fourth time, it appears likely that the majority party in a California race has been disenfranchised. In the Fourth State Senate district, a strongly Republican district, six Republicans and two Democrats ran in the June 7, 2022 primary. The two Democrats appear to have placed first and second, leaving no Republican on the November 2022 ballot. The law bans write-in votes in general elections for congress and partisan state office, so there is nothing Republicans can do to win this seat in November.

The Fourth District has the fourth-highest Republican registration of all 40 State Senate districts, and its part of California has been represented in the State Senate by Republicans continuously for over fifty years. Here is a link to the election returns for this district. One of the Republican candidates in this week’s primary in this district is former Congressman George Radanovich, who served in Congress 1994-2010 and never came close to losing. He did not run for re-election in 2010.

The other notable point about the article is that it misleads the reader. It says that before the top-two system was in place, the Democrats and Republicans generally did not let independent voters vote in their congressional and state office primaries. The California press has consistently misreported this point. For all congressional and state office primaries from 1998 through the beginning of the top-two system in 2011, independent voters were allowed to vote in Republican and Democratic primaries. For those who don’t believe this, google “History of Political Parties That Have Adopted Party Rules Regarding No Preference Voters”, which takes one to the Secretary of State’s website. Thanks to Eric Wong for the link.