On May 6, Michael Chamness filed his motion for summary judgment in Chamness v Bowen, the federal case against two particular details of the California top-two system. The case attacks California’s discriminatory policy on ballot labels. It also attacks the new California law that says even though write-in space is to be printed on the ballot in Congressional and state office November elections, and even though the ballot doesn’t warn voters that any write-ins won’t be counted, in fact write-ins cannot be counted.
No declaratory judgment on either of these complaints has yet been issued by any California court, state or federal. The only action so far has been a denial of injunctive relief in various California special elections that have been held this year. Proponents of the top-two system, including almost all of California’s large daily newspapers, have generally not reported on these particular details about the top-two law, and have given little publicity to this lawsuit.