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 is scheduled for Tuesday, August 24, 9 a.m. in the County of San Francisco’s Superior Court of California.

Richard Winger, plaintiff in the lawsuit against SB 6, and Christina Tobin, CEO and founder of Free and Equal Elections Foundation and StopTopTwo.org creator, gave a press conference at the California State Capitol, Tuesday, August 17, where they called for Maldonado to help fix the problems in SB 6 that resulted in the lawsuit. While that was happening, Maldonado and the two groups were attempting to insert themselves into the lawsuit against SB 6. Torey Van Oot, from the Sacramento Bee’s Capitol Alert blog, announced the SB 6 press conference, and has an article on Maldonado’s attempted interference.

“Maldonado should be fixing the problems in SB 6, not trying to take over as a defendant for the other side,” Tobin said. “He might need a different kind of intervention if he actually thinks the write-in procedures of SB 6 are the least bit acceptable, not to mention for his behavior holding the state budget hostage in exchange for passing this unrelated legislation. They need to stop trying to cover up the blatant problems SB 6 creates. It was sloppy legislation passed in the wee hours of the morning without public input or expert opinion. Maldonado and his cohorts are being dishonest in refusing to admit that.”

“SB 6 creates a ballot with a specific space for voters to write-in a candidate, but it bans those votes from being counted,” Tobin said. “That little detail wasn’t on the ballot June 8th. Nor was there anything on the ballot mentioning that some candidates will be able to identify which political party they prefer, while other candidates cannot. When Abel or his friends start talking about those two issues we might start to believe they are sincere about reforming California politics.”

Maldonado’s statement, put out by NewsBlaze, said, “The measure overwhelmingly passed and is now being challenged by political insiders who strive to maintain a dysfunctional status quo.”

“With lies like this, Maldonado needs an intervention,” Tobin said. “He needs to stop drinking the typical politician kool-aid with his empty soundbite rhetoric, fake reforms, and meddling in lawsuits to cover up the problems he created. Proposition 14, getting 53.7% of the primary vote with only a 33% turnout is hardly overwhelming. The plaintiffs and Free and Equal are not rich or connected insiders, unlike Governor Schwarzenegger’s $5 million Yes on Prop 14 campaign. CAIVN and their cheerleader, Steve Peace, have their own special agenda as well.”

“Free and Equal strives for consideration of real election reforms such as proportional representation, which is used in 73 countries,” Tobin said. “Gautam Dutta, legal counsel for the lawsuit against SB 6, and Steve Chessin, plaintiff in the lawsuit just discussed proportional representation in depth on our radio show. If that doesn’t prove we’re political outsiders looking to truly break the dysfunctional status quo I don’t know what will.”

“Not one country uses a Top Two election system similar to what SB 6 and Proposition 14 creates,” Tobin said. “Washington’s Top Two system hasn’t done anything but further entrench the status quo there. Maldonado, CAIVN, and Schwarzenegger’s rich and connected Yes on Prop 14 campaign need to stop covering up the problems with SB 6 and Top Two election systems and look at real election reforms.”

StopTopTwo.org, through Free and Equal, has issued several statements regarding the lawsuit against SB 6 recently: StopTopTwo.org’s Christina Tobin Tells Governor Schwarzenegger to Chill Out, on July 30; Richard Winger and Christina Tobin to Host Sacramento Press Conference on Election Reforms, on August 13; and SB6 Lawsuit Discussed at Tuesday Press Conference at California State Capitol, on August 16.

SB 6 set the procedures to be used for implementing Proposition 14, the Top Two election system that passed on June 8. Field v. Bowen, filed July 29, which charges that SB 6 is unconstitutional, is scheduled to be heard in the County of San Francisco’s Superior Court of California, September 14, 2010, 9:30 a.m.

“This is the lawsuit that challenges two aspects of the California top-two system: (1) the ban on counting any write-in votes in November for Congress and partisan state office; (2) the discriminatory policy that lets some, but not all, candidates list their party affiliation on the ballot,” Winger wrote at Ballot Access News.

SB 6 was originally drafted as a bill dealing with hazardous waste. The bill was introduced by then state Senator Abel Maldonado, amended and passed by the Legislature between 3:40 a.m. and 6:55 a.m., February 19, 2009 without public notice, and signed by Governor Schwarzenegger the next day. Maldonado agreed to give a yes vote on the 2009 budget in exchange for putting Proposition 14 on the ballot and the passage of SB 6.

“Instead of running to the media with ill-informed sound bites, Schwarzenegger and Maldonado need to listen to the participants in this lawsuit and fix the problems they created with their sloppy legislation,” said Tobin. “Maybe Maldonado can find one of his moderate legislator buddies to help us out. If Maldonado can get someone to imitate him by holding this year’s budget hostage in exchange for fixing the obvious problems in SB 6 we can turn that dysfunctional behavior into a positive. That is the wrong way to pass meaningful election reforms, but it seems to be how the legislature works.”

“Schwarzenegger and Maldonado had plenty of time to sit down with the special interests who gave them millions of dollars to promote Proposition 14,” said Tobin. “Now they need to recognize the merits of this lawsuit and sit down with the people who know how to fix the bad legislation they passed with SB 6. They failed to hold hearings or to get public and expert input on SB 6 before it passed, and it is now time for them to make up for that dysfunctional mistake. This wouldn’t have to go through the courts if Schwarzenegger and Maldonado were looking out for the interests of the voters instead of their big money donors.”

“Free and Equal Elections Foundation will continue to work with the public, political parties, candidates, the media and organizations to defeat the spread of Top Two election systems nationwide,” Tobin said. “I will explain the direction of this important work in detail at the press conference.”

Richard Winger is publisher and editor of Ballot Access News, established in 1985, a founder of the Coalition for Free and Open Elections, COFOE, and a frequent expert witness in court proceedings and legislative hearings. He is currently providing expert support to a lawsuit against Washington state’s Top Two election system. Winger is also a Californians for Electoral Reform, CfER, board member.

The lawsuit against SB 6 will not overturn the vote on Proposition 14, as Governor Schwarzenegger and Lt. Governor Maldonado wrongly assumed. The lawsuit seeks to force the California State Legislature to fix two things before Proposition 14 is implemented.

Gautam Dutta, the attorney representing the plaintiffs in the SB 6 lawsuit, and Steve Chessin, a plaintiff of the SB 6 lawsuit and president and board member of CfER were recent guests on the Free and Equal radio show. They spoke at length about the lawsuit and related topics. That interview, starting at the 32 minute mark of the two hour show, can be heard on the Free and Equal website. Dutta recently had an article, “Why People Hate Politics”, published by the Huffington Post.

“The lawsuit Dutta, Chessin and Winger are working on against SB 6, and Winger’s involvement with the team appealing Washington’s Top Two election to the U.S. Supreme Court are important actions being taken to protect democracy in America,” Tobin said. “Free and Equal is here to help spread the word about their actions and to help their voices be heard so that we can continue to make this land a better place.”

“Right now, Governor Schwarzenegger and the California legislature need to listen to Dutta and the plaintiffs in the case against SB 6 instead of calling them names,” Tobin said. “We’ll be talking more about that, Tuesday.”

After the June 8 vote on Proposition 14, Free and Equal Elections Foundation has transformed StopTopTwo.org into a nationwide educational campaign to make voters aware of all the unhealthy aspects of a Top Two election system. Articles, such as Ralph Nader’s recent one titled “California Enshrines the Duopoly” can be found at StopTopTwo.org making it the internet hub for people interested in learning more about Top Two election systems.

In addition to producing the ongoing StopTopTwo.org campaign, Free and Equal is working hard to reform election laws through involvement with lawsuits, efforts to introduce and pass legislation in several states, and with the initiative and referendum process. Free and Equal also seeks to help amplify political voices wanting to participate by organizing candidate debates.

Free and Equal has organized debates for President and Vice President, three debates for Governor in Illinois, and has a U.S. Senatorial debate scheduled Thursday, August 19, at Northern Illinois University. Plans are also underway to hold a series of debates across the state of Calif. for the upcoming election in an effort to educate more voters about important issues.

“StopTopTwo.org will be taking a new direction in California and will expand efforts against the spread of this bad reform to other states,” Tobin said. “The idea of the Top Two election system is already spreading quickly across the country and StopTopTwo.org is stepping up to the challenge of facing a national audience that deserves to be educated about this limited election system. StopTopTwo.org will take what has been happening in California and will share it nationwide in an effort to defend voter rights.”

Leading up to the June 8 election, StopTopTwo.org was the most comprehensive resource for information on Proposition 14, focused on voter education regarding the dangers and flaws of a Top Two election system and urged voters to vote against Proposition 14. The StopTopTwo.org website is in the process of transitioning to the new focus of educating voters across the country about Top Two election systems.

Within weeks of the election, public polls showed Proposition 14 would pass with 60% of the vote but the 53.7% final percentage showed that momentum had shifted toward a no vote. Election returns in several counties indicate that Proposition 14 was defeated by voters who went to the polls on Election Day.

Early mail-in ballots were influenced by the millions spent by special interests in favor of Proposition 14. The early ballots were also mailed before the media did much of their reporting on the potential downfalls of the Top Two system.

“We almost overcame being outspent by Governor Schwarzenegger and his rich friends 50 to 1,” Tobin said. “The vote didn’t turn out like we wanted, but this is hardly the end of our efforts in opposition of the Top Two system. StopTopTwo.org is not going to let up fighting against bad election laws.”

“We agree with the voters of California who are desperate for real changes and were willing to grasp at Proposition 14 before they learned more about it,” Tobin said. “Through these lawsuits and further outreach efforts, StopTopTwo.org will show the voters in California that there are better reforms than this.”

Members of media, bloggers and all interested voters will be invited to a press conference next week to learn more about what is going on with Proposition 14, state Senate Bill 6 and StopTopTwo.org.