Legal challenge to California’s abolition of primaries

California’s voter-approved law abolishing party primary elections was hit with its first lawsuit Thursday, a challenge to provisions that discard write-in votes in runoffs and limit candidates’ right to list their party preference on the ballot.

Full story at SF Chronicle.

One thought on “Legal challenge to California’s abolition of primaries

  1. Gov. Schwarzenegger must have a very inclusive definition of “Sacramento special interests” if believes they are behind this lawsuit. Anybody who actually knows the plaintiffs or their attorney will be rolling on the floor laughing after they read that.

    The plaintiffs include an expert on ballot access for small parties (an issue that is certainly dear to the hearts of the special interests), two leading activists for proportional representation and IRV (another issue the special interests are really big on), and a socialist who is too rigorous for even the Peace and Freedom Party.

    The Chronicle alludes to the legal strategy but doesn’t really make it clear. The plaintiffs believe that if the two relatively narrow provisions they are challenging are invalid, then Prop. 14 can’t legally be implemented until the Legislature fixes the enabling statute. If implementation is delayed, litigation over the Washington State version of “top two” will be closer to resolution, and it will be clearer what broader challenges might work.

    That’s not to say the narrow issues aren’t worth adjudicating in their own right. They are.

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