The First District Court of Appeal yesterday rejected a challenge to Proposition 14, which replaced the state’s closed partisan primary election with an open primary in which the top two votegetters, regardless of party, will qualify for the general election.
A group of voters and aspiring candidates had argued that the measure, approved in June of last year, and its implementing legislation violate their state and federal constitutional rights to freedom of speech, the equal protection provision of the California Constitution, and Art. I, Sec. 4 of the U.S. Constitution, which sets forth requirements for congressional elections.
In particular, the plaintiffs objected to a provision that requires candidates to list themselves as preferring a political party, or as having “No Party Preference”—or to be listed without any statement about party preference at all—and to a ban on the counting of write-in votes in general elections.
C.A. Upholds Constitutionality of ‘Top Two’ Primary Amendment
via metnews.com
