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Hearings Set in California Lawsuit Against Essence of Top-Two System

Posted on December 28, 2011 by admin

As reported earlier, on November 21, 2011, the Peace & Freedom, Libertarian and Green Parties filed a lawsuit in state court against the essence of the top-two system. Hearings are now set in that case, which is in Alameda County Superior Court and is called Rubin v Bowen. On March 13 the court will hear the plaintiffs’ request for an injunction against Proposition 14. And on March 20, the court will hear the motion by the state to dismiss the case. Thanks to Dave Kadlecek for this news.

Comments

Hearings Set in California Lawsuit Against Essence of Top-Two System — 6 Comments

Raymond V. Davis III on December 28, 2011 at 9:23 am said:

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John McCready on December 28, 2011 at 2:22 pm said:

Its too little too late! There will NOT be enough time to change the ballots before the 06/06/12 CA Primary! As much as I support the lawsuit(s), a ruling from whatever Superior Court judge (and the subsequent appeals!) will NOT STOP Prop. 14’s impact on the CA primary!
Demo Rep on December 28, 2011 at 9:48 pm said:

What is the legal leg that the 3 party folks are trying to stand on ???

Nominations of PUBLIC candidates for PUBLIC offices — by ALL Electors or SOME Electors.
Mark Seidenberg on December 28, 2011 at 11:17 pm said:

I have no idea why this lawsuit is not in Sacramento County? Or why they did not name the Republican Party
of California, Democratic Party of California, and the
American Independent Party of California? The main issue in venue. The lawsuit relates to sections of the
election code that governs four political parties in this state. I for one believe that Secretary of State
Debra Bowen can not nor should no represent the American Independent Party of California.

Richard Winger, thank you for giving us the information about the March 13th hearing date. I now know the American Independent Party will have to become a party to claim jurisdiction is in Sacramento County. What a wasted effort on try ride the state of Prop. 14.

Bottom line, the AIP wants to void Prop. 14, but we believe this suit can only be raised in Sacramento County and also that Secretary of State Bowen
should not be the person to represent the American Independent Party in any court.

Sincerely, Mark Seidenberg, Chairman, American Independent Party
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Jim Riley on January 5, 2012 at 8:00 pm said:

Wasn’t Kat Woods a Green Party official and candidate? The lawsuit identifies her as a Peace and Freedom partisan.

Elections Code 19300 and 19301 appear to have been accidentally modified by SB 6, and appear to have been designed to facilitate straight ticket voting for slates of presidential electors (see 19303).

“preference” and “affiliation” are interchangeable. Elections Code 2150 does not prevent a voter from declaring their “membership” in a party when they register.

“qualification” for the ballot for voter-nominated offices is meaningless, except for the ability to make party endorsements in the sample ballot distributed with the voter’s pamphlet.