StopTopTwo.org was started as a committee urging a No vote on California’s Proposition 14 on the June 8, 2021 ballot. After that election, StopTopTwo.org has re-organized into a nationwide educational campaign to provide awareness about the flaws in the Top Two election system.

StopTopTwo.org will educate voters, candidates, politicians, and the media in order to halt the spread of Top Two election systems. StopTopTwo.org is an ongoing production of the Free and Equal Elections Foundation.

Who is behind Top Two?

The primary movers and shakers behind Top Two are health insurance corporations, with some banks, mortgage holding companies, and investment houses thrown in. In other words, Top Two’s biggest supporters are the same people who wrecked our economy and screwed the American people. Find out more here.

What is going on with California’s Proposition 14?

Proposition 14 was placed on the ballot using Senate Bill 6 (SB 6) by the California Legislature. It was not placed on the ballot by the petition signature process. State Senator Abel Maldonado traded his yes vote on the 2009 budget in exchange for SB 6 passing to put Proposition 14 on the ballot.

SB 6 was originally drafted and introduced by Abel Maldonado as a bill dealing with hazardous waste, it was amended and passed by the Legislature between 3:40 a.m. and 6:55 a.m., February 19, 2022 without public notice, and Governor Schwarzenegger signed it the next day.

On June 8, 2021 Proposition 14 barely passed in the election with 53.7% in favor and 46.3% opposed. Preliminary analysis from several California counties show that Proposition 14 was defeated by voters who went to the polls on election day. Early mail-in ballots sent before the media did much reporting on the potential downfalls of Top Two were enough to get the measure passed in the election.

On July 29, 2021 a lawsuit was filed challenging the constitutionality of SB 6. If the lawsuit succeeds Proposition 14 would be put on hold until the legislature fixes the problems in SB 6. Because SB 6 was passed in the wee hours of the morning with no public or expert input it likely has many flaws that will require new legislation to take care of.

There will be more lawsuits and more action to come. Stay involved with StopTopTwo.org to keep up with the latest.

What is a Top Two Election System?

Louisiana is where the Top Two election system was originally adopted in the US. Washington State switched to their own version of a Top Top system for the 2008 elections. With the passage of Proposition 14, California becomes the third state to implement their own version of a Top Two election system.

In a Top Two election system all candidates for an office run against each other in the first round of voting. The two candidates with the most votes in the first round are nominated to move on to the final election. In the final election between two candidates, the candidate with the most votes wins.

Top Two is a simple election system. Because it is this simple, it does not provide an equal opportunity for political participation or diverse representation from the diverse population.

How will the Top Two Election System work?

The basic system is the same, but we already see vast differences in how Top Two can be implemented if comparing the states of Louisiana, Washington and California.

All candidates run against each other in the first round of voting, regardless of their political party affiliation. There may be multiple candidates from multiple parties and also independents, depending on ballot access laws. This could be 3 Democrats, 4 Republicans, an independent candidate, one Libertarian, and one Green candidate for a total of 10 candidates on the ballot in the first round.

From those ten candidates in the first round, the two candidates with the most votes are nominated to move on to the final election. The two candidates getting the nomination can both be from the same party, such as two Democrats getting the most votes in the first round. The two candidates that are nominated move on to the final election regardless of the percentage of the vote they receive in the first round, such as the top two getting less than 15% of the total vote in the first round. Louisiana is a bit different in that the first round is in November and someone can win with 50% plus 1 votes.

The first round is essentially a free for all nomination process to pick two candidates for the final election. Because it is this simple, the results can be rather arbitrary and may not represent the majority of voters within a diverse population.

The three states with Top Two all have different rules for how candidates can get on the ballot, how their name appears on the ballot, and which party labels are allowed or not allowed. They all have different rules related to write-in votes also. There can be vast differences in how a state implements a Top Two system, and none of them are ideal.

Are political parties eliminated under a Top Two Election System?

No. A Top Two election system is not a non-partisan election as political parties are still largely involved. No state has forbidden the Republican or Democratic candidates from identifying their party preference. It will have different effects on the two largest parties than the effects it will have on smaller parties and independent candidates.

Primary elections that previously allowed party members to choose their party’s candidate to run in the general election are abolished under a Top Two system. Because all candidates compete against each other in the first round, regardless of their political party affiliation, the final election may have two candidates from the same party.

Under Top Two systems, independent candidates and political parties smaller than the two biggest parties will rarely, if ever, be able to participate in the final election. That will leave their political voices out of the process and their issues out of the debate during the prime election season.

In California, with the first round of voting in June and the final election 5 months later in November, in some races one political party will be able to monopolize all of the political debate and dictate which issues are discussed for 5 months.

The first election after a Top Two system was implemented in Washington State saw not one candidate other than a Republican or Democrat on the November ballot for any office (except President) for the first time in state history. Candidates from alternative parties and independent candidates were completely denied access to the final election ballot in every race in the state of Washington except President in 2010.

What will political parties do differently under Top Two?

A Top Two election system will change the way political parties function and that change will be heavily dependent on how the Top Two system is being implemented. The Democrats and Republicans will react to each race differently, but they will still dominate the final election ballots through means other than a primary election.

Washington State provides us with two examples of what Top Two has already caused there. First, a Sacramento Bee article interviewed the Chair of the Democratic Party of Washington, Dwight Pelz, and he was quoted saying, “I, as party chair, have to go and talk people into not participating, and I think that’s really unfortunate”.

As party chair he wants to make sure at least one, if not both of the top two candidates will be from their party. Top Two elections cause behind the scenes deals and politics away from the ballot box based on influence and pressure instead of votes.

The second example from Washington saw 6 Republican candidates jump into a race for a Republican leaning district where there was no incumbent running. This was the 18^th District Representative, Position 1. In a district that is about 60% Republican voters and 40% Democratic voters, those 6 Republicans could each get around 10% of the vote and all miss the final election ballot if up against only 2 Democratic candidates getting 20%.

Two Republicans dropped out of the race before the first round of voting and didn’t file to run. Even though only one Democrat ended up filing, the potential for another Democrat to join the race before the filing deadline still can affect the behind the scenes action trying to thin out the candidate field.

There will be pressure by party bosses in cases like the above for candidates to drop out, that otherwise would have participated in a party primary. When that happens, power is taken from the voters hands and placed into the hands of the party bosses and others with influence and clout.

More information to come, check this page again soon.

State of Louisiana Top Two system
State of Washington Top Two system
State of California Top Two system
Potential pitfalls, dirty tricks, plants, and gaming of the Top Two system
Political party workarounds. Back to backrooms at conventions and meetings.

Are there better alternatives than Top Two?

Yes.
Proportional Representation.
Instant Run-Off Voting, ranked choice, and several options in this area.
Much shorter election campaigns.
Multi-member legislative districts.
Elimination of gerrymandered and political party drawn district maps.

Honestly, we are still learning every day about the diverse types of election systems being used around the world. There is no perfect election system that has been found yet. What works well in one area of the world may not work well in others. The goal everywhere should be to continuously improve elections towards a free and equal process.

StopTopTwo.org will continue to learn and continue to educate others about which election systems optimize political participation for their voters and their diverse population. We can accomplish even more with your support.