Prop 14 "Fake Open Primary": The Destruction of California's Independent Political Parties

What do Ralph Nader, Meg Whitman and the ACLU agree on?

What do Democrat State Senator Loni Hancock and Democrat State Assembly Representative Sandre Swanson agree on?

Prop 14 should not be passed and is posing as yet another "fake" ballot measure, as so many of them are, claiming to doing one thing when it's really doing something else entirely.

On February 11, 2010, the American Civil Liberties Union of Northern California (ACLU-NC) Board of Directors voted overwhelmingly to oppose Prop. 14 "based upon the ACLU’s strong interest in the value and rights of political parties, including third parties, the potential infringement upon these parties’ First Amendment rights of association."

Not surprisingly, special interests are raising hundreds of thousands of dollars to pass Proposition 14, including money from health insurance corporations, developers and financial institutions because Proposition will make it easier for them to elect candidates they “choose.”

A General Description:

In June 2010, California voters will have the chance to fundamentally alter the state’s primary election system. Currently, California operates under a modified closed primary system.

Under this system, political parties nominate candidates for the November General Election through a June Primary Election. The primary is described as “closed” because voters may select only their own party’s candidates, and may not “cross over” to vote for candidates in other parties. It is a “modified” closed primary because each party has the option of allowing independent voters (also known as “decline-to-state” voters) to participate in its primary. Currently, both the Democrat and Republican parties allow unaffiliated voters to participate in the primary election for their parties.

If voters elect to pass Proposition 14, the state will switch to a “top two” candidate open primary system. This system differs from the current format in two ways.

First, all voters, regardless of party registration, would have the option of voting for any candidate.

Second, the primary’s top two candidates for each office, again regardless of political party, would advance to a runoff election in November. If two Democratic candidates each receive more votes than any Republican candidate for the office, the November election would feature a run-off between the two Democrats, or vice versa.

A few points about Prop 14:

* Prop 14 will be the end of 3rd parties in California

Third parties already have a difficult challenge to be heard under our present system. Lack of money makes it very hard for them to compete with the major parties. Even so, over time, third parties have made an enormous contribution to our system in their minority role. For instance, it was the Reform Party of the 1990’s that focused America on the perils of deficit spending while the two major parties failed to lead on the issue.

Because 3rd parties will be unable to bankroll a candidate to finish in the "Top 2", all of the 3rd parties, and their “unwanted” challenges to the establishment, will be silenced because they will not be able to participate in November election.

Richard Winger, of Ballot Access News, says, "It it becomes law, the only way a party will be able to remain on the ballot will be to have registration above 1% of the last gubernatorial vote. Currently that requirement is 88,991 registrants, but after 2010 it is likely to be close to 100,000 registrants." Naturally, in this catch-22, this will be virtually impossible when 3rd party candidates never appear on the November ballots so voters don't even know they exist.

* Under Prop 14, no voter can cast a write-in vote for Congress or state office in a November election

Prop 14 curtails the ability of voters to cast a write-in vote for anyone they wish in the general election by including as a provision -- "8606. A person whose name has been written on the ballot as a write-in candidate at the general election for a voter-nominated office shall not be counted."

According to Richard Winger, "If this passes, California would be one of only 7 states in which no voter could cast a write-in vote for Congress or state office in a November election, and have that write-in counted."

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An example of Prop 14 -- If Prop 14 had been passed last June, our current Governor candidates in an open primary could result in ONLY the top two Republican billionaires, spending their personal fortune, be the nominees in November election. The Dems are far outspent.

47 states have PARTISAN state legislative elections.

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Governor Candidate Stewart Alexander: Proposition 14 is a trick on voters
http://www.indybay.org/newsitems/2010/04/09/18644158.php

Vote No on Proposition 14
http://www.stoptoptwo.org/will-prop-14-kill-third-parties/

California Proposition 14, Top Two Primaries Act (June 2010)
http://www.ballotpedia.org/wiki/index.php/California_Proposition_14,_Top_Two_Primaries_Act_%28June_2010%29

Proposition 14's title, ballot summary and analysis as they appear in the state's official voter guide
http://voterguide.sos.ca.gov/pdf/english/14-title-summ-analysis.pdf

Proposition 14 arguments and rebuttals as they appear in the state's official voter guide
http://voterguide.sos.ca.gov/pdf/english/14-arg-rebuttals.pdf

Campaign finance information about the "Yes on 14, Californians for an Open Primary" campaign
http://cal-access.ss.ca.gov/Campaign/Committees/Detail.aspx?id=1322507&session=2009

'Open Primaries in California: The Future of Proposition 14'
http://rosereport.org/20100311/open-primaries-in-california-the-future-of-proposition-14/

Stop Top Two
http://www.stoptoptwo.org/