A Superior Court Judge in Alameda County, California, will hear Rubin v Bowen on Monday, October 29, at 9 a.m, in Oakland, 1221 Oak Street, Dept. 16. This is the lawsuit filed by the California Peace & Freedom Party, the California Libertarian Party, and the Green Party of Alameda County. This is the only lawsuit ever filed against any top-two system in which the chief issue is the voting rights of voters who wish to vote for minor party candidates in the election itself.
While it is true the Washington state Libertarian Party raised that issue in the federal case from Washington state, the voting rights issue was completely omitted from the oral argument in the 9th circuit. The only attorney who argued against the Washington state top-two case law in the 9th circuit devoted all his time (in the oral argument) to the freedom of association issue. The 9th circuit decision made little mention of the voting rights issue except to assert falsely that the U.S. Supreme Court had already disposed of that issue in 2000. The 9th circuit is obviously wrong about that, because Justice Scalia wrote the 2000 decision, and yet he dissented in the 2008 decision. What Scalia approved of in his decision in 2000 is obviously not the existing Washington state system.
The California lawsuit Field v Bowen did not concern the issue of a limited range of choices on the November ballot.
No tentative opinion in Rubin v Bowen has been issued yet.