On Monday, March 14, U.S. District Court Andre Birotte, Jr., held oral arguments in Soltysik v Padilla, 2:15cv-7916. The issue is the constitutionality of California’s ballot labels in elections for Congress and state office. Members of qualified parties have the label “Party preference: (name of the party they are registered in).” But members of unqualified parties have the label “Party preference: none.” The plaintiffs are registered in the Socialist Party, which is not ballot-qualified in California.
It is difficult to predict the outcome. However, the judge seemed very interested in the case and very well-versed in the arguments on both sides. California does not have party nominees (except for President). The only other state with a similar system is Washington, where every candidate can choose any ballot label that is below 16 characters and is not obscene.
A decision is expected within two weeks.