Four voters and two candidates filed a lawsuit last month to overturn two particular aspects of California’s top-two implementation. That case, Field v Bowen, has a hearing on the substantive issues on September 14. However, a preliminary skirmish in that lawsuit will occur on August 24, when a Superior Court in San Francisco will hold a hearing on whether three supporters of Proposition 14 may intervene in the lawsuit.
The three intervenors are California Lieutenant Governor Abel Maldonado, the California Independent Voter Project, and the “Yes on 14” campaign committee. The plaintiffs have invited these three to submit an amicus curiae brief in the case, but plaintiffs oppose granting them intervenor status. The issue over whether intervention should be permitted is oddly similar to the current legal fight over who may intervene in the much-publicized case called Perry v Schwarzenegger, the federal lawsuit over the constitutionality of the ban on same-sex marriage.