CalMatters has this commentary that suggests the only alternative to top-two is a closed primary. And the Independent Voters News has this similar commentary. Both ran in the last two days.
But California is free to pass a simple law that says independent voters can vote in the primary of their choice. Other states with similar laws are Arizona, New Mexico, Colorado, Massachusetts, and New Hampshire. There are other alternatives as well.
On March 4, the Virginia Supreme Court issued an order in Koski v Republican National Committee, CL26-266. The order reverses the Tazewell Court Circuit Court, and allows a ballot measure to be on the ballot on April 21. Voters will decide whether to redistrict the U.S. House seats.
Idaho Senator Jim Guthrie (R-McCammon) has introduced SB 1366, a bill to restore presidential primaries. This bill would set the primaries on the first Tuesday after the first Monday in May. Candidates would get on the ballot by paying a fee of $1,000. The bill would also move the non-presidential primary from late May to the early May date set out for the presidential primaries. That would automatically move the petition deadline for non-presidential independent candidates to early May.
The bill other bill pending in Idaho for presidential primaries sets the primary in March and requires a $50,000 filing fee for presidential candidates.
California Governor Gavin Newsom said on March 3 that he has “some concern” that there might be no Democrat on the November 2026 ballot for Governor. See this story. But he did not suggest that the legislature amend the law quickly to allow write-ins in the general election for top-two offices, nor did he suggest that the top-two system should be altered in any other way.
On February 23, he San Francisco Chronicle carried this op-ed by Steven Maviglio, calling for an end to the top-two system. The Chronicle had endorsed Prop. 14, the top-two ballot measure, when it had been on the ballot in June 2010.
The website that calculates the odds of two Republicans being the only names on the November ballot, twins-production-9381.up.railway.app, on March 4 says the probability of two Republicans being the only names on the November ballot are 27.5%.
Jamie LaBranche is an independent candidate for U.S. Senate in Louisiana this year. He was unable to meet the new ballot access requirements for independent candidates. The law required 2,500 signatures, due February 13, and only voters who are not registered in a qualified party can sign the petition. He has filed a pro se federal lawsuit, LaPlace v State, m.d., 3:26cv-139. Here is the Complaint.
