Seth Masket, a professor of Political Science at the University of Denver, delivered this paper for presentation at a recent conference in Ventura, California, at the California State University Channel Islands. The paper concludes, “The district-level results of the 2012 primary in California suggest a legislature that will not be dramaticallly different from those that preceded it.” This is because “If California election law now says that primaries are not the way parties determine nominees, then parties will find some other way to determine nominees.” The paper documents this conclusion.

Professor Masket made a factual error on page four when he said, under the old California system in effect 2001-2010, “unaffiliated voters could register with a party on the day of the (primary) election to participate in that contest.” Actually, under the system in effect for congressional and state office primaries 2001-2010, every independent voter who participated in the primary (either by mail or at the polls) was asked if he or she wished to choose a Republican primary ballot or a Democratic primary ballot. The Secretary of State’s 2010 Poll Worker Training Standards make this clear and can be seen here. The instructions prepared by each county election office instruct poll workers to show each independent voter at the polls a card that says, “VOTERS WHO ARE NOT REGISTERED WITH A PARTY. YOU MAY REQUEST A DEMOCRATIC PARTY BALLOT WITH NONPARTISAN CONTESTS AND MEASURES OR A REPUBLICAN PRIMARY BALLOT WITH NONPARTISAN CONTESTS AND MEASURES.” When an independent asked for a major party primary ballot, his or her voter registration continued to be “independent.”

It is not too surprising that Professor Masket got this wrong. Most organizations that support the top-two system, including IndependentVoting, IndependentVoice, and the California Independent Voters Network, constantly repeat the misinformation that the old California system forced independents to affirmatively ask for a party primary ballot, or even worse, they deny that independent voters could participate at all. Thanks to Rick Hasen for the link to the Masket paper.

Jill Stein and Cheri Honkala are now released, after having spent eight hours in handcuffs. See this updated story from the Stein campaign webpage. Here is a link to a you tube of the arrest.

Larry King has agreed to moderate the Free & Equal presidential debate set for October 23 in Chicago. The four presidential candidates will be Gary Johnson, Jill Stein, Virgil Goode, and Rocky Anderson. This debate is one day after the final debate between the two major party presidential nominees.

The news that Larry King will be the moderator is helping to publicize the debate. For example, see this from the San Francisco Chronicle.