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Michael Feinstein: Top-Two Primary System is Eliminating Diverse Political Expression

Top two makes it virtually impossible for candidates from smaller parties to be on the general election ballot and extremely difficult to participate in the primary. The Legislature even eliminated general election write-in candidacies – a right Californians have enjoyed since statehood in 1850.

From 1992 to 2010, the Green, Libertarian, Peace and Freedom, and American Independent parties averaged 127 primary ballot candidates among them in each election cycle. In 2012, in top two’s first year, they were able to qualify only 17 for state legislative and congressional races, the fewest since 1966, when only the Democrats and Republicans were on the ballot. This dropped to 13 in 2014, with 10 others running for quadrennial statewide offices, down from 33 in 2010.

By greatly restricting the ability of smaller parties to be visible and communicate their message, top two minimizes the range of viewpoints expressed in our elections and limits voters’ choice. For the smaller, longtime ballot-qualified parties, top two threatens their very survival – something voters were not asked to approve as part of Proposition 14.

Without new legislation, California’s smaller parties may lose their ballot status as soon as January 2015. Fortunately, Assemblyman Richard Gordon, D-Menlo Park, has stepped forward with Assembly Bill 2351, a bill to keep parties from directly falling off the ballot because of top two.

Under the state Elections Code, parties can retain their ballot status by getting 2 percent in a statewide general election. Historically, the Greens, Libertarians and the Peace and Freedom Party have done this at almost every opportunity, despite there often being six to eight parties on the ballot. Top two has taken this away, because smaller parties will no longer appear on the statewide general election ballot.

Read the full op/ed here.

Thanks to Ballot Access News for the link.

One Comment

  1. Been There, Done That May 6, 2014

    Good article. I’m glad it’s out there. What’s interesting, though, is that Gordon had declined earlier this year to put the bill forward. I’d be interested to know what/who changed his mind.

    Feinstein did a good job laying out the particulars of the effects of Prop 14, but neglected to mention that the LPC is, and has been, the plaintiff in the lawsuit filed to have it declared unConstitutional and a violation of voters rights. Of course, being that he’s a Green Party member, I’m sure he wouldn’t want it to be known that the LPC has been leading the offensive charge.

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