Three Political Scientists Publish Study of California’s Top-Two System

On April 5, 2013, three political scientists published their own study of the effect of California’s top-two system, used for the first time in a regular election in 2012. The three authors are Thad Kousser of the University of California, Justin Phillips of Columbia, and Boris Shor of the University of Chicago. The paper can be read at this link, courtesy of the Social Science Resource Network.

The authors used survey research to determine the average political attitudes of the voters of each congressional district. Instead of just asking the voters if they are “liberal” or “conservative” or various other crude categories, it asked them their opinions about 46 political issues. Then the authors used the same data (which had already been gathered by Project Vote Smart) for all candidates for Congress in California, for both 2010 and 2012. The purpose of the study was to see if there was a greater fit between average political attitudes within each congressional district and the identity of the winner, or a lesser fit, or no change at all, between 2010 and 2012.

In 2010, California used a semi-closed primary, whereas in 2012 it used a top-two primary. The study determined that the top-two system did not result in a closer fit between the political attitudes of the average voter within a particular district, and the type of candidate elected in that district.

The study paid particular attention to congressional races in which two candidates from the same party were the only two candidates who appeared on the November ballot. The study concluded that the top-two primary has not halted the continuing partisan polarization of California’s elected members of Congress, and says if anything, polarization has increased and the quality of representation has declined. The paper explores ideas about why this has happened. The paper itself is 31 pages; the appendix lists the 46 policy questions that were answered both by congressional candidates and voters.

San Diego City Attorney Rules Recall Petitions are Valid No Matter Where the Circulator Lives

On August 16, the San Diego City Attorney ruled that recall petition signatures are valid, no matter where the circulator lives. However, circulators must be citizens and must be at least 18 years of age. This ruling came about because a recall petition against the Mayor has started circulating. Thanks to Rick Hasen for the link.

California Repeals 1941 Law that Required “Subversive Organizations” to Register with Secretary of State

On August 16, California Governor Jerry Brown signed AB 1405, which repeals the “Subversive Organization Registration Law” found in section 35000ff of the Corporations Code. The law, passed in 1941, requires groups that were organized for the purpose of undermining the democratic form of government to register with the Secretary of State. The law defined “group” as any two or more individuals. The law made it a felony for officers of the group to fail to file, and a misdemeanor for any member of an unregistered group to continue to be a member. During World War II, one group was prosecuted because it allegedly issued propaganda in support of the German and Italian governments, but the conviction was overturned in the State Court of Appeals.

The California Election Code still contains sections 5102 and 5200, which say that subversive political parties must be removed from the ballot. These laws were passed in 1953 and have never been used. California is one of only six states that still bans certain parties from the ballot based on their teachings. Thanks to AroundtheCapitol for this news.

Louisiana Libertarian Party Wins a Partisan Election by Default

Louisiana holds local partisan elections on October 19, 2013. Filing has already closed. Gregory King, a registered Libertarian, is the only candidate who filed for Justice of the Peace, ward 3, in Lincoln Parrish. In Louisiana, when only one candidate files for an office, the election is canceled and so King has been elected. Thanks to Randall Hayes for this news.