On October 8, two Socialist Party candidates for the California legislature filed a federal lawsuit against the California law that forces them to have “party preference: none” on the ballot, if they run for Congress or partisan state office. Soltysik v Padilla, c.d., 2:15cv-7916-AB. They want to have “party preference: Socialist” on the ballot.
Because California no longer has party nominees for Congress or partisan state office, there is no purpose for the party labels shown on California ballots except to give information to the voters about that candidate’s principles. California only permits candidates who are members of qualified parties to have a partisan label on the ballot.
By contrast, Washington state, which has a top-two system very much like California’s, lets all candidates choose any partisan label they wish, as long as it is not obscene and not longer than 15 characters.
The lawsuit is an ACLU case. The two candidate-plaintiffs are Emidio “Mimi” Soltysik and Jennifer McClellan. Both are registered Socialists. Here is a press release. The case is assigned to Judge Andre Birotte, Jr., an Obama appointee.