California State Court of Appeals Sets Oral Argument Date for Minor Party Lawsuit on Top-Two System

The California State Court of Appeals will hear Rubin v Bowen on January 15 at 9 a.m. in San Francisco. This is the case in which the Libertarian, Green, and Peace & Freedom Parties charge that the California top-two system violates the voting rights of voters who wish to vote for minor party candidates in November general elections.


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California State Court of Appeals Sets Oral Argument Date for Minor Party Lawsuit on Top-Two System — 8 Comments

  1. Hope they will be successful, but not holding my breath. What happened to any participation by the American Independent Party in the suit? Were they approached and asked to participate?

  2. The sample ballots, etc. that state and counties sent out for the last two elections show the AIP endorsing many Republicans.

  3. “The sample ballots, etc. that state and counties sent out for the last two elections show the AIP endorsing many Republicans.”

    I’ve suspected this about the AIP leadership. There are some who feel the current leadership is not as serious as it could be in promoting genuine American Independent candidates.

    The House District 79 candidate George R. Williams, who won the AIP nomination in 2014 by obtaining sufficient enough write-in votes in the Primary, then advanced to Top Two in the General Election, nevertheless won over 30,000 votes (some 38%) against the incumbent who obtained a little over 50,000 votes.

    Had Mr. Williams been able to secure the financial needs for his candidacy, it could have been a much closer race. I wonder if the AIP leadership made any effort to help Mr. Williams?

  4. PUBLIC nominations by ALL of the Electors or SOME of the Electors according to PUBLIC laws.

    i.e. the SCOTUS morons messed up (as usual) in the 2000 CA Democratic Party case.

    The USA is now in TOTAL Danger due to the robot party hack MORONS in Dumb City.

  5. A general election is one in which all offices are contested, as opposed to a special election. In California, a general election is conducted over two phases, a primary phase, and a secondary phase.

  6. That’s what Louisiana told the US Supreme Court in Foster v Love, but Louisiana lost the case 9-0. For congressional elections, the election is in November and if a run-off is needed, it must be held after November.

  7. Louisiana AG Ieyoub told the SCOTUS that the system used in Louisiana was so novel, than none of the election calendar set by Congress applied. He claimed that Louisiana could hold the primary in August, and any runoff in September. He did not argue that it was legal because the runoff would be held on the 1st Tuesday after the 1st Monday in November. That Louisiana happened to do so was a total coincidence.

    The lawyer for Love explained that Louisiana was actually holding elections in the manner that all States did in 1872, when Congress set the uniform election date.

    The case was so simple that they let David Souter write the opinion.

    “general” election is not used to differentiate from “primary” election, but rather “special” election.

  8. Louisiana certainly did not consider the election held on November 4, 2014 to be a general election, since there were only a few offices on the ballot, plus a bunch of constitutional amendments, there were some judicial and public service commission offices, a scattering of mayors, etc.

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