On August 21, California Republican congressman Duncan Hunter was indicted for campaign finance law violations. Because he placed first in the June 5 top-two primary, his name is on the November ballot, opposite the Democrat who placed second. If California did not have a top-two system, there would be a petition procedure for an independent candidate to get on the ballot, due in August; and there would be write-in space on the November ballot. But the top-two system in California eliminated the ability of anyone to get on the November ballot, except by placing first and second in the June primary. The top-two law also deleted write-in space from the November ballot.

Adam Nagourney of the Los Angeles Times has a story, “An indictment reveals a pitfall for the top-two system.” UPDATE: this San Diego Union-Tribune article gives more details. It explains that Republicans were worried about the possibility, and had entered another Republican in the June primary, but that other Republican did not get substantial funding and only placed third.

On August 21, NBC News/Marist released a poll for the Illinois gubernatorial race. It shows that the Libertarian nominee is at 6%, and Conservative Party nominee Sam McCann is at 4%.

If either of them polls 5%, their party will become ballot-qualified for all offices, for four years. The only two parties that have enjoyed that status in the last 80 years are the Illinois Solidarity Party 1986-1990, and the Green Party 2006-2010. Prior to 1931, the vote test was 2%, not 5%. Governor is the only race that counts, for a party to be ballot-qualified for all office. Thanks to Political Wire for the link.

On August 20, Emerson Polls released a poll for the New Mexico U.S. Senate race. The results: incumbent Democrat Martin Heinrich 39%, Libertarian Gary Johnson 21%, Mick Rich 11%, undecided 30%.

If Johnson does outpoll Rich in November, that will be the second time since 1970 in which a Republican nominee for U.S. Senate placed third in any general election. In 2006 the Republican nominee in Connecticut placed third. Also, In 1970 in New York, the Republican nominee, Charles Goodell, placed third behind the Conservative and the Democrat. Also in 1970 in Virginia, the Republican nominee, Ray Garland, placed third behind independent Harry F. Byrd, Jr., and Democrat George Rawlings. Thanks to Clifford Thies for the link.