The Alameda County Superior Court will hold a hearing in Rubin v Bowen on August 28, 2012, at 9 a.m., in Oakland. The case, filed last year by the Peace & Freedom, Libertarian, and Alameda County Green Parties challenges the essence of the top-two system, on the grounds that it injures the voting rights of voters who wish to vote in November for minor party candidates.

The judge who has this case has already declined to issue injunctive relief, but he has permitted the plaintiffs to file an amended complaint, which was filed on May 10, 2012. Here is the state’s brief, trying to persuade the judge to dismiss the case.

Hotline studied California election returns in 1998 and 2000, and determined that the California top-two open primary is likely to injure Democrats, relative to Republicans. See a description here.

In 1998 and 2000, California used a blanket primary. All candidates for all partisan office appeared on the same primary ballot, and all voters used that primary ballot. The top vote-getter from the ranks of each party advanced to the November election. Therefore, the blanket primary did not injure either major party relative to the other. But the data from that period shows that in the top-two open primary now in effect, Republicans gain a significant advantage over Democrats, because Republican voter turnout is consistently higher in primaries than Democratic primary turnout. That means, sometimes, no Democrat ends up on the November ballot, even in races in which Democrats might have been able to win in November, if only they had a candidate on the ballot. Thanks to Rob Richie for the link.

On June 19, the California Assembly Elections Committee will hear ACA 10, by Assemblymember Mike Gatto (D-Los Angeles). Currently, an initiative to change the California Constitution needs a petition signed by 8% of the last gubernatorial vote. The proposal would provide that the initiative would also need the signatures of 8% of the last gubernatorial vote in each of at least 27 State Senate districts.

If the legislature passes this proposal, then it would be subject to a popular vote, because it amends the Constitution.