On October 8, California Lieutenant Governor Abel Maldonado, one of the leading proponents of the new “top-two” system in California (which is effective in 2011), filed a brief in the California State Court of Appeals, in the lawsuit Field v Bowen. That lawsuit had been filed to challenge the ban on counting write-ins in November elections for Congress and state office, and the discriminatory feature that says members of unqualified parties may not have any party label on ballots. The Maldonado brief seems to say that members of unqualified parties may list their party on ballots. This is a reversal of the position that Maldonado took in the lower court.
Maldonado is in the case as an Intervenor. His October 8 brief says “One plausible interpretation of these provisions is that SB 6 (the implementing language for the top-two system) does not bar candidates registered with non-qualified parties from disclosing their preference for those parties on the ballot. This is an issue that Real Party Secretary of State will likely have to address in connection with future elections.”
To the extent that Maldonado is saying that the label provision is permissive and treats all candidates equally, he is contradicting the Defendants in the case, the Secretary of State and various county election officials. The Defendants continue to maintain that SB 6 does not permit members of unqualified parties to place a party label on the ballot.
Both the Superior Court and the State Court of Appeals have refused to issue a preliminary injunction against any aspect of the “top-two” system, mostly on the grounds that the system doesn’t start until the first special election of 2011, and so far there is no special election set for 2011.
