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Free and Equal Elections Foundation 407 S. Dearborn St., Suite 1170 Chicago, IL 60605
August 12, 2021
The issue is simple. If a newly passed California law (SB 6) is allowed to kick in, thousands of voters will be disenfranchised. Why? Because with SB 6, if you cast a vote for a write-in candidate in a general election, your vote will not be counted.
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August 3, 2021
Free & Equal Radio Tuesday Night 7pm to 9pm Pacific Time. Steve Chessin, a plaintiff in the lawsuit against California Senate Bill 6 will join us, along with the attorney that is representing the plaintiffs in that lawsuit Gautam Dutta.
Steve Chessin is an election reform activist in California and a member of Californians for Electoral Reform who has supported successful efforts to use IRV elections in CA.
Guatam Dutta has an extensive background in the law and currently practices in California. He was recently the Deputy Director of the Political Reform Program at the New America Foundation working on government reform and election law issues.
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July 31, 2021
“Governor Arnold Schwarzenegger and Lieutenant Governor Abel Maldonado’s joint attacks on the SB 6 lawsuit are baseless attempts to deviate attention from the real issues at hand. It is telling that both the Governor and the Lieutenant Governor, who is the author of SB 6, have not challenged the legal merits of our lawsuit or denied the allegations that SB 6 will disenfranchise voters and censor candidates from smaller political parties. They are attempting to diminish the illegality of SB 6 by throwing around phrases like “special interests” and “party bosses.” The fact is this lawsuit was brought by six individuals (four voters and two candidates) who are concerned about the serious implications of SB 6. This lawsuit is not funded by any political party, organizations or so-called “special interests.”
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July 24, 2021
by Ralph Nader
Last month, Big Business interests shamelessly dealt our already depleted democracy a devastating blow by misleading California voters into approving Proposition 14, without their opponents being able to reach the people with rebuttals.
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July 8, 2021
“If half of the media in California who covered Proposition 14 practiced ethical, balanced journalism, the proposition would have failed hands down,” said Christina Tobin, StopTopTwo.org chair and founder of Free & Equal Elections Foundation. /… “The Los Angeles Times had the worst reporting on Proposition 14. StopTopTwo.org will ensure everyone knows which media outlets lived up to the ethics of balanced coverage,” Tobin said. “There are also those who did an excellent job, and the public will know who they can turn to for fair and balanced coverage.”
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July 7, 2021
The “top two” primary system is not going to change the realities of partisan polarization and one-party domination of large areas of California. Given the sharp ideological divide between Democratic and Republican voters, liberal Democrats will continue to dominate elections in Democratic regions of the state and conservative Republicans will continue to dominate elections in Republican regions of the state.
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July 7, 2021
The “top two” system does not provide any particular incentive for winning an actual majority of votes in a primary; the top finisher still must face the runner-up in the general election, where turnout is very likely to be much higher. So the safe thing to do is to nail down a general election spot by appealing to partisans (Prop 14 does not repeal party registration, which means that candidates will know exactly whom to contact with partisan messages), while beginning the general election campaign by going after the other party’s preferred candidate.
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June 30, 2021
Come late summer or early fall 2012, voters are going to wake up and wonder why they only have two choices. There will no longer be Peace and Freedom Party, Libertarian Party, Green Party or American Independent Party candidates on the general-election ballot. Independent candidates will no longer be allowed to qualify for the general-election ballot.
To top it off, write-in votes will no longer be counted in the general election. ///
The top-two system was invented in Louisiana in 1975. Louisiana has had 35 years of experience with it. I am amazed that people will speculate about how it will work and not actually discuss what really happened in Louisiana.
In 35 years, no minor party candidate ever qualified for the second round.
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June 27, 2021
“Hopefully, California will discard the top-two primary system and consider different and better options.” - Dr. Joseph Kolacinski is an assistant professor in Elmira College’s Department of Mathematics.
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June 23, 2021
“StopTopTwo.org is alive and kicking, and we are going to continue fighting this Top Two election system wherever it pops up,” Christina Tobin said. “This doesn’t stop with Proposition 14 in California. StopTopTwo.org will keep our eyes on the nation to make sure the public is educated about better election system options than Top Two.”
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June 17, 2021
There is no such thing as a ‘wasted vote’ with Instant Runoff Voting. IRV eliminates the ‘lesser of two evils’ problem, encourages positive campaigns, and empowers grassroots activists. Top Two is fake reform. Top Two cuts off most of the debate five months before the election, and raises the money barrier for winning elections, making it easier for wealthy special interests to drown out the voice of average citizens. Top Two reduces your voice by banning write-in votes, and forcing you to pick from only two choices in the general election.
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June 16, 2021
“Hewlett-Packard’s major financial support of Proposition 14 was disgusting. Our organization will never again buy any products bearing the Hewlett-Packard label, and I urge all taxpayers who will be disenfranchised by Proposition 14 to do the same.”
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June 11, 2021
Political Scientist John J. Pitney, Jr. notes: “In states that have tried similar election procedures, there is little evidence that a more moderate political culture has resulted.”
Further, I would point out that the likelihood will remain that the voters who will turn out for the “primary” (i.e., the first round) will still be the more hardcore/partisan/ideological voters as opposed to the larger and likely more moderate voters who turn out for the general election (i.e., the second round). As such, this change does not alter a basic structural aspect of the process (i.e., the electorate that choose the top two is not the same as the electorate that chooses the officeholder–which is true of primaries in general).
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June 11, 2021
Voters who prefer their political menu seasoned with the spices provided by minor parties are pretty much out of luck. Under Proposition 14, such parties — Green, Libertarian, etc. — which previously could place candidates on November ballots, will almost always be excluded from those by failing to run first or second in primaries.
But, then, blandness is the point of this reform. It seeks to generate a homogenized political class, one not lumpy with liberals and conservatives who, being conviction politicians, do not always play well with others.
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June 9, 2021
“Throughout the primary election season, Prop 14 supporters hammered voters with deceptive and hypocritical messages – from false claims about how the measure would cure all of Sacramento’s ills to the misleading ballot language itself,” stated Christina Tobin, chair of StopTopTwo.Org. “Big business and big government won yesterday. If StopTopTwo.Org had half the funding that Schwarzenegger’s group had, we would have been better equipped to spread the truth and would have won by a very wide margin. Simply put, voters were tricked into supporting this terrible measure by corrupt politicians and big business interests.”
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June 8, 2021
If this ballot measure passes, the frightening unintended consequences will be other states following California’s tyrannical example. This is not the kind of electoral “reform” we want spreading throughout our country. It limits voter choice and gives more control to corporations.
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June 8, 2021
“There are plenty of pitfalls here, the most worrisome being that it would drive up the cost of elections and give more moneyed (and corporate-allied) candidates a sharper competitive edge while elbowing out progressives. It would allow Republicans to play a role in what would normally be Democratic primaries (and vice versa). The measure would also make it nearly impossible for smaller parties — the Green Party, for example — to offer candidates in the November elections.
“Bad idea, bad process, Vote no.
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June 7, 2021
Voters in many of our gerrymandered districts would only see candidates of a single party on the November ballot, and as evidenced in the state of Washington, reelection rates skyrocket to nearly 99%, well above the incumbency rates seen in the Soviet Politburo at the height of the Cold War…
June 7, 2021
Ralph Nader will speak today against Proposition 14, the Top Two Primaries Act that Gov. Schwarzenegger, Lt. Gov. Abel Maldonado, and the California Chamber of Commerce are pushing onto Californians. Nader is scheduled to speak on Ron Owen’s KGO show at 9:30 a.m. PDT on Monday.
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June 6, 2021
This proposition flat out screws the minor parties. This glaring selfishness is made embarrassingly worse by the fact that several independent supporters I have communicated with, or read explanations of their reasoning for support, of the proposition have actually touted this as a way of further marginalizing these minor parties. This rings of a bully at school taking his anger out on even smaller kids because his bigger brothers have been beating on him for years. In fact, this is precisely what this is.
I’m not going to split hairs on this issue. Independents that support this bill should be ashamed of themselves.
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June 5, 2021
SACRAMENTO – Opponents of Prop 14, the June 8 ballot measure that would limit the number of candidates in general elections to just two, will hold an election night press availability at 2868 Northgate Blvd, Suite 103 starting at 7:30 p.m.
Other anti-Prop 14 election night events will be announced soon in Los Angeles and the San Francisco Bay Area.
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June 4, 2021
Two leading political scientists, Boris Shor and Seth Masket, have studied the polarization problem extensively. Their findings show that Proposition 14 will not solve California’s partisanship problem.
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June 3, 2021
The result of the top-two election system is the systematic elimination of any choice for voters other than Republican or Democrat in the general election, unless a third party can overcome one of the two “major parties” in the primary.
We therefore urge California voters to vote NO on Proposition 14 if they wish to retain their constitutionally guaranteed right to vote for the candidate of their choice in each and every election.
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June 3, 2021
In summary, the Top Two Primary has not solved any problems, and it has created new ones. Incumbents still rule the legislature.
The Top Two is not a solution. It is a problem. We urge you to vote, “NO” on Prop. 14.
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June 3, 2021
Leaders from Washington State’s Third Party Coalition released a statement today urging California voters to vote no on Proposition 14. The coalition is comprised of the American Heritage Party, Constitution Party, Green Party, Libertarian Party, and Progressive Party. The Top Two Primary System in Action — The Experience of Third Parties in Washington State
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June 3, 2021
Mark Hinkle, newly elected chair of the National Libertarian Party, and former chair of the Libertarian Party of California, issued the following statement today about California’s Proposition 14, the “Top-Two” elections measure:
“Californians, please vote NO on Proposition 14. This is not the change we need. This Top Two system will shut out all but two voices in our November elections, which are the elections that count. Now more than ever, we need more political voices and broader representation on the November ballot, but this proposition will do just the opposite.”
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June 2, 2021
Ralph Nader, who has run for president both as an independent and as a third-party candidate, today warned against the ballot proposition promoted by Governor Arnold Schwarzenegger. “Californians need to defeat Proposition 14 or they will risk further entrenching the two-party system,” stated Nader.
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June 1, 2021
Leaders from Washington State’s Third Party Coalition released a statement today urging California voters to vote no on Proposition 14. The coalition is comprised of the American Heritage Party, Constitution Party, Green Party, Libertarian Party, and Progressive Party. The Top Two Primary System in Action — The Experience of Third Parties in Washington State
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June 1, 2021
But the experience in Washington so far offers little evidence that Proposition 14 proponents’ promises of increased turnout and more moderate officeholders will pan out in California.
“There was nothing dramatic enough that happened to make someone stand up and say, ‘Wow, this is really different,’ ” said Travis Ridout, a political [...]
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May 29, 2021
Here are the top two reasons to reject Prop 14, also called the “Top Two” Primary. First, Prop 14 will stifle political competition and debate. Second, Prop 14 will deprive voters of a full range of candidate choices.
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May 26, 2021
StopTopTwo.Org announces two events for Wednesday:
The San Francisco Labor Council will hold a press conference at noon. The anti-Proposition 14 press conference will feature all six qualified political parties.
Marin Libertarian Party’s Pre-Primary Event “Liberty, Fiscal Responsibility and Change [...]
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May 22, 2021
As primary day approaches, negative campaign ads are on the rise. When asked, most voters are firmly against negative campaign ads and if you are one of them, then you will hate Prop 14. One of the unintended side-effects of Prop 14–and there are many–is that the number of negative ads [...]
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May 22, 2021
Californians for Electoral Reform opposes Proposition 14 on the June 8, 2021 statewide ballot. Almost all of our work on this issue is being done through participation in StopTopTwo.org, a broad coalition that includes many electoral reform and ballot access organizations, as well as [...]
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May 19, 2021
We think the argument for the idea, endorsed by Gov. Arnold Schwarzenegger, sounds better than the reality. The proponents assume that a “top two” primary system will push candidates to the middle, eliminate the stranglehold the far right and left have over the Republican and Democratic parties, and help moderate the Legislature. We don’t [...]
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May 18, 2021
If “moderate” voters are under-represented by politicians of the existing political parties, the solution is not a futile attempt to customize the voting rules in their favor. The solution is a new centrist political party. We also need healthy socialist and other parties to represent other points of view. Instead of weakening political parties, we [...]
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January 17, 2022
A few weeks back, the California Supreme Court declined to hear an appeal about a core part of Proposition 14 (aka, the “Top Two” Primary). As a result, a state appeals court in San Francisco will soon hear legal arguments on two troubling flaws of what we affectionately call the Humpty-Dumpty Law: Senate Bill 6, which fleshes out crucial details of Prop 14. Here are the two questions the court will look at:
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September 11, 2021
“There’s been a lot of soul-searching about how the whole system works,” said Elizabeth Glidden, a Minneapolis City Council member involved with FairVote Minnesota, a group that’s been collecting signatures at the State Fair for a statewide ranked choice system, in which voters pick candidates in order of preference.
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August 24, 2021
On August 24, a California Superior Court ruled that Lieutenant Governor Abel Maldonado, and the California Independent Voters Network, and the campaign committee for “Yes on 14″ , should all be allowed to intervene in the lawsuit that challenges two restrictive aspects of California’s “Top-two” system. The case is Field v Bowen, cgc10-502018, San Francisco. All three intervenors have the same set of attorneys.
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August 24, 2021
A San Francisco Superior Court Judge ruled this morning that Lt. Gov. Abel Maldonado can continue his fight for open primaries.
The lieutenant governor, formerly a state senator representing Santa Cruz County and parts of Santa Clara County, had petitioned the courts to intervene in a lawsuit challenging Proposition 14, the voter-approved measure that advances the top two voter-getters to a general election, not the political parties’ top candidates.
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August 19, 2021
Lt. Governor Abel Maldonado May Need An Intervention
SACRAMENTO, Calif. – Lt. Governor Abel Maldonado, the California Independent Voter Network and the Yes on Prop 14 campaign have asked the courts to allow them to intervene as defendants in the lawsuit against state Senate Bill 6. A hearing regarding whether they have legal standing to intervene [...]
August 19, 2021
Gautam Dutta, the plaintiffs’ attorney, is opposing Maldonado’s intervention, saying it is the sole job of Attorney General Jerry Brown to defend the state against the lawsuit.
A hearing on the request has been scheduled for 9 a.m. Tuesday.
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August 17, 2021
Proposition 14 are touting their proposals to change the implementation of the new system. The suit alleges that Senate Bill 6, accompanying legislation to enact the new primary system, disenfranchises voters and minor party candidates. Plaintiff Richard Winger, publisher of Ballot Access news, and Stop Top Two founder Christina Tobin will be on hand for the 10:30 a.m. news conference at the Capitol’s south steps.
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August 16, 2021
SACRAMENTO, Calif. - Richard Winger, elections expert and plaintiff in the lawsuit against Senate Bill 6 (SB 6) and Christina Tobin, CEO and founder of Free and Equal Elections Foundation and StopTopTwo.org creator, will give a press conference on the south steps of the California State Capitol, near the corner of 11th [...]
August 13, 2021
SACRAMENTO, Calif. - Richard Winger, plaintiff in the lawsuit against Senate Bill 6, and Christina Tobin, CEO and founder of Free and Equal Elections Foundation and StopTopTwo.org creator, will give a press conference on the south steps of the California State Capitol, Tuesday, August 17, 10:30 a.m.
Richard Winger is publisher and editor of Ballot Access [...]
August 12, 2021
If Proposition 14 is allowed to stand, this November will effectively be the last time California voters can vote Peace and Freedom, Green, Libertarian or American Independent in state or federal races, except for president.
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August 3, 2021
SACRAMENTO, Calif. - Christina Tobin, CEO and founder of Free and Equal Elections Foundation is proud to announce exciting changes for StopTopTwo.org as it transitions to a new, nationwide focus, after the June 8 election.
“StopTopTwo.org will be taking a new direction in California and will expand efforts against the spread of this bad reform to [...]
July 31, 2021
“If you vote for a write-in candidate, your vote will not count. It will not be counted, and that is flat out illegal,” he said.
Supporters of an open primary system, including Governor Arnold Schwarzenegger and Lieutenant Governor Abel Maldonado, say the will of voters should not be overruled by “Sacramento special interests” and “party bosses.”
Dutta called those labels laughable.
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July 30, 2021
SACRAMENTO, Calif. – As reported in the San Jose Mercury News yesterday, Thursday, July 29, a lawsuit was filed charging that state Senate Bill 6 is unconstitutional. SB 6 is the legislation that put Proposition 14, the Top Two election system, on the June 8 California ballot.
Specifically, the lawsuit claims that SB 6 bans the [...]
July 30, 2021
The implications of the law haven’t been thought through, according to Christina Tobin, founder of the Free and Equal Elections Foundation, a nonpartisan advocacy group that supports the lawsuit.
“We want the Legislature to be forced to hold open hearings on top-two, which they should have done in the first place instead of putting it on the ballot as part of a 3 a.m. secret backroom budget deal,” Tobin said. “This lawsuit is purely tactical, very smart and well-implemented. I’m certain it will be effective.” [...]“This is the first of many steps to come that Free and Equal Elections will take to stop top-two,” said Tobin.
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July 30, 2021
A coalition of voters and minor-party advocates has asked a judge to block the state from transitioning to a top-two primary, saying it disenfranchises voters.
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July 30, 2021
The lawsuit, filed in the Superior Court of San Fransisco County [official website], challenges the constitutionality of two provisions, one which disallows state election officials from counting write-in ballots while still providing a space for write-ins, and one that only allows primary candidates to list their party affiliations if they are members of one of six parties qualified for the ballot by the state. The complaint alleges that the write-in provisions violate the free speech, due process and equal protection rights of voters under the US and California [texts] constitutions.
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July 29, 2021
The lawsuit claims SB6 violates the California Constitution because it bars the counting of write-in votes during general elections and allows only state-recognized parties to appear on the ballot.
One of the plaintiffs, Steve Chessin of Mountain View, said, “SB6 is a hastily and poorly written law that was the result of a political backroom deal to secure the tie-breaking vote to pass the 2009 state budget.”
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July 29, 2021
The Green Party is planning a suit over the replacement of party primaries with the “top two” system, which is likely to exclude third-party candidates from the runoff ballot in virtually all contested elections. Democratic and Republican leaders, who opposed Prop. 14, are considering separate challenges.
Thursday’s suit in San Francisco Superior Court was more limited, targeting two sections of the new law. However, the plaintiffs asked a judge to block enforcement of Prop. 14 until legislation is passed to remove those two provisions.
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July 29, 2021
Governor Arnold Schwarzenegger today issued the following statement after a lawsuit was filed in the San Francisco Superior Court to block the implementation of the open primary system approved by California voters under Proposition 14:
“It comes as no surprise that Sacramento special interests are trying to overturn the government reforms Californians overwhelmingly support. I will fight these special interests at every turn to protect these reforms that will break through Sacramento’s dysfunction.”
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July 29, 2021
If the lawsuit were to succeed, Proposition 14 would not be rolled back, but the legislature would have to pass a new bill in order to implement an open primary election — reversing the prior dynamic, where legislation in effect awaited voter approval.
“We’re going after a law the state passed,” Dutta said. “We’re not going after Proposition 14.”
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July 29, 2021
The complaint filed Wednesday calls the measure unconstitutional. The motion for injunction filed today seeks to block implementation of the new primary.
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July 29, 2021
Six people who oppose California’s open primary law are suing to block the state from moving ahead with a new election process.
At the heart of the lawsuit is whether voters can write in a candidate’s name on a general election ballot.
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July 29, 2021
As Capitol Alert reported last night, the plaintiffs argue that provisions in Senate Bill 6, accompanying legislation directing the execution of the new system, disenfranchise candidates from minor parties and voters.
Read the complaint, filed this morning in San Francisco Superior Court, here.
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July 28, 2021
“People who vote for write-in candidates in the general election will not have their vote counted. They’ll be throwing their votes away without even being told that by voting for a write-in your vote won’t count. And candidates who are from smaller parties will not be able to list their party of choice on the ballot when they run for office,” Dutta said.
Under prop 14 candidates from parties other than state-recognized parties are only allowed to state that they have “No Party Preference” on the ballot.
Dutta’s called that fundamentally “undemocratic”. He’s suing the Secretary of State and county election officials on behalf of candidates from the Socialist Action and the Reform Party and voters from four counties, including Los Angeles and Orange counties.
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July 28, 2021
Opponents of Proposition 14 plan to file a lawsuit in San Francisco Superior Court tomorrow seeking to block the state from transitioning to a “top two” primary system. [...] The opponents said in a press release that the lawsuit will argue that the measure disenfranchises voters’ rights by eliminating write-in candidates and discriminates against candidates from parties not recognized by the state.
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July 20, 2021
Proponents of Proposition 14, which was bankrolled by Gov. Arnold Schwarzenegger and big business, outspent opponents by 50:1 to pass a “top two” primary that is deform masked as reform.
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July 10, 2021
Prop 14 sounds radical, but it doesn’t go anywhere near far enough. We’re still left with a Tweedle Dee Dee and Tweedle Dee Dum choice between least undesirable candidates.
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July 8, 2021
Having won over California voters, Peace’s movement is going national. New York Mayor Michael R. Bloomberg has impaneled a commission that is, among other things, exploring an open primary initiative for New York City’s November ballot. (Bloomberg is the founder of Bloomberg LP, which owns Bloomberg News and Bloomberg Businessweek.) Voters elsewhere may soon be considering the option as well.
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July 8, 2021
Without much fanfare or debate, California voters, weary, frustrated and apparently getting more passive by the proposition, approved Prop 14 this past June.
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July 1, 2021
Sean Haugh, executive director of The Free and Equal Elections Foundation, expressed his opposition to the proposition, explaining, “The two candidates with the most name recognition and money to start with will be more successful, leaving others off the general election ballot. Just as significant is that there will be no voice for people to organize… [and be] heard by those who can be elected.”
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June 28, 2021
“We believe Proposition 14 will fall. It sets an unacceptably high threshold for participation in the general election,” said Michael Feinstein, a former Santa Monica mayor who is national co-chair of the Green Party.
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June 27, 2021
Supporters of the “top two” system are talking of importing it to other states, and Colorado would seem to be a prime target. (StopTopTwo.org – 15 articles from 12 states plus D.C. pushing Top Two.)
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June 26, 2021
California, first with its Proposition 11 two years ago and with its Proposition 14 this year, is setting the trend. (StopTopTwo.org – 14 articles from 11 states plus D.C. pushing Top Two.)
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June 25, 2021
Washington state’s electoral system is different from the rest of the country, unlike the party primaries and general elections that we’re used to. And that system is spreading — so pollsters around the country better get used to it.
Washington state uses the “Top Two” electoral system.
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June 22, 2021
Instead, in an uncharacteristic show of reasonableness, Californians told the political parties where they could go: off the ballot. Earlier this month, voters on the left coast approved Proposition 14, which replaces primaries with what are essentially non-partisan elections, of the sort we use in city races. (StopTopTwo.org - 13 articles from 10 states plus D.C. pushing Top Two.)
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June 21, 2021
Sooner or later, it’s coming to Idaho. (StopTopTwo.org - 12 articles from 9 states plus D.C. pushing Top Two.)
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June 17, 2021
I agree. Our political culture is far too partisan in part because of our system for choosing candidates. Adopting open primaries might well just open the door to a better and fairer political system.
In any event, it is worth a try. (StopTopTwo.org – Texas, Arizona, Virgina/2, New Mexico, Florida, and Michigan/2.)
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June 17, 2021
Proposition 14 is really the great vote silencer.
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June 17, 2021
Green Party gubernatorial candidate Laura Wells has her campaign issue against Democrat Jerry Brown – Proposition 14. She says that Brown, who came out in favor of the open primary measure Tuesday – a week after voters approved it – aided the measure’s victory by rigging the ballot language. “It’s not the voters’ fault, but the fault of Brown and the corporations who fully intend to manipulate the rest of us for their financial gain,” Wells said in a statement.
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