Washington: Ninth Circuit Upholds Washington State Top-Two System | Ballot Access News

On January 19, the 9th circuit upheld the Washington state “top-two” system. Here is the decision. The part of the decision about ballot access is very short. It quotes the dicta from the U.S. Supreme Court decision Munro v Socialist Workers Party that says the burden on minor parties is slight as long as their candidates can run in the primary. But it does not mention the holding in Munro v Socialist Workers Party, that there is no constitutional distinction between a petition for ballot access to the November ballot, and a prior vote test.

Editorials: Washington state political parties challenge top 2 primary in federal appeals court | Dave Ammons/Tukwila Reporter

Washington’s political parties are back in federal appeals court, continuing their six-year  challenge of the state’s popular voter-approved Top 2 Primary. The Democratic, Republican and Libertarian parties of Washington asked the 9th Circuit Court of Appeals on Tuesday to throw out the system, which allows voters to choose their favorite for each office, without respect to party, with the two favorites advancing to the November General Election ballot.  Neither party is guaranteed a November runoff slot, and the Top 2 is not a nominating election, but rather a winnowing contest.

Jeff Even, deputy state solicitor general, representing Secretary of State Sam Reed and the voters, said the oral argument went well, and that he is optimistic that the state will be able to keep the Top 2 system in place.  California voters recently adopted the system. The three-judge panel gave no indication when they will rule, but Even said he would expect the state to know by next spring that it can run the big 2012 election system with the Top 2 in place.

California: Legislative Analysis Shows Election Administration-Related Problems Caused by Prop. 14 | Ballot Access News

As reported previously, AB 1413 had been set for a hearing in the California Senate Elections Committee on September 7. That hearing was never held, but in preparation for the hearing, legislative employees had prepared an analysis of the bill, which was introduced to make alterations in the “top-two” Proposition 14 procedure. Proposition 14 passed in June 2010 and says all candidates for Congress and partisan state office run on a single primary ballot in June. Then, only the two top vote-getters may run in November.

The analysis says, “In 2009, as part of a state budget agreement, a measure was placed on the ballot for the voters to consider authorizing a ‘top-two’ primary election system. At the same time that measure was approved, the Legislature also approved a series of changes to the Election Code to implement a top two primary election system. Unfortunately, due to the nature in which those statutory changes were adopted, they created a number of problems for the effective and efficient operation of elections. Last year, the Assembly Elections and Redistricting Committee held an oversight hearing to hear from elections officials about some of the problems with those statutory changes. Among other problems, county elections officials testified that certain ballot printing requirements created an unnecessary burden, and could significantly increase election costs.

California: Top Two Primary Fight Heads to Federal Appeals Court | Business & Election Law

The legal battle surrounding California’s controversial Top Two Primary has reached an influential federal appeals court.

This afternoon, a federal trial court refused to put California’s controversial new election regime on hold.  In response, Plaintiffs Michael Chamness, Daniel Frederick, and Rich Wilson immediately asked the Ninth Circuit Court of Appeals to reverse the lower court’s decision.

Earlier, the Ninth Circuit Court of Appeals made a key ruling:  it allowed in critical evidence that directly challenges the legality of the Top Two Primary.

Arizona: In Open Primary Plan for Arizona, a Call for Moderation | NYTimes.com

The person who recently hurled a padlock out the window of a passing vehicle at a Republican candidate for the State Senate, who was jogging along the side of the road, may have had no political motive at all. But as the police investigate, some here already consider the incident one more example of the politics in this state veering toward the extreme.

… In wake of the incident, a bipartisan group has stepped forward with a remedy for what members describe as the lack of moderation in the state’s politics. Voter registration records indicate disaffection with both parties, as independent voters increase in numbers and both registered Republicans and Democrats decline. By doing away with partisan primaries, the newly formed Open Government Coalition says, more independent voters will participate in choosing candidates and more moderate voices will emerge.

California: Secretary of State Bowen concedes in California race | POLITICO.com

California Secretary of State Debra Bowen conceded Thursday in the special election race for a vacant Southern California congressional seat, handing a surprising second-place finish to little-known Republican Craig Huey. Huey, a wealthy advertising executive who spent $500,000 out of his own pocket, will face Democratic Los Angeles Councilwoman Janice Hahn in a July 12 runoff.…