California: Panel Rejects Challenges to ‘Top Two’ Election Laws | Metropolitan News-Enterprise
The Ninth U.S. Circuit Court of Appeals Wednesday rejected challenges to Proposition 14, which established the “Top Two” election system used after the 2010 elections, and the measure’s implementing legislation. Senior U.S. District Judge James G. Carr of the Northern District of Ohio, sitting by designation, said there is no constitutional impediment to requiring candidates to list themselves as preferring a qualified political party, or as having “No Party Preference,” or to be listed without any statement about party preference at all. The Elections Code has since been amended to eliminate the blank-space option, so that all candidates are listed either by party or as “No Party Preference.” Proposition 14 replaced the state’s closed partisan primary election with an open primary in which the top two vote-getters, regardless of party, qualify for the general election.

