Proposition 14 is a
California ballot proposition
California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
that appeared on the ballot during the
June 2010 state elections. It was a constitutional amendment that effectively transformed California's non-presidential elections from
first-past-the-post
First-past-the-post (FPTP)—also called choose-one, first-preference plurality (FPP), or simply plurality—is a single-winner voting rule. Voters mark one candidate as their favorite, or First-preference votes, first-preference, and the cand ...
to a
nonpartisan blanket primary
A nonpartisan primary, top-two primary, or jungle primary is a primary election in which all candidates for the same elected office run against each other at once, regardless of political party. This distinguishes them from partisan primaries, w ...
(a
two-round system
The two-round system (TRS or 2RS), sometimes called ballotage, top-two runoff, or two-round plurality, is a single-winner electoral system which aims to elect a member who has support of the majority of voters. The two-round system involves one ...
). The proposition was
legislatively referred to voters by the
State Legislature and approved by 54% of the voters. It consolidated all
partisan primaries for a particular office into an election with one ballot that would be identical to all voters, regardless of their party preferences. The two candidates with the most votes in the primary election would then be the only candidates who would run in the general election, regardless of their party affiliation.
Background
Proposition 14 was a proposal to amend Sections 5 and 6 of Article II of the
California State Constitution relating to elections. It is officially known as the Top Two Primaries Act.
It was authored by
State Senator
A state senator is a member of a State legislature (United States), state's senate in the bicameral legislature of 49 U.S. states, or a member of the unicameral Nebraska Legislature.
History
There are typically fewer state senators than there ...
Abel Maldonado, who represented the
15th district, as Senate Constitutional Amendment 4 of the 2009–2010 Regular Session (Resolution Chapter 2, Statutes of 2009).
It was based on a proposal drafted by the
Independent Voter Project in 2008. It was passed in the State Senate by a vote of 27 to 12 and in the State Assembly by a vote of 54 to 20.
The proposition was publicly backed by
Governor
A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...
Arnold Schwarzenegger
Arnold Alois Schwarzenegger (born July30, 1947) is an Austrian and American actor, businessman, former politician, and former professional bodybuilder, known for his roles in high-profile action films. Governorship of Arnold Schwarzenegger, ...
, as part of a deal in which Maldonado agreed to support his proposed
2009–2010 state budget, and was opposed by political parties.
Provisions
The passage of Proposition 14 changed the way that elections are conducted for all statewide offices in California (including the
governor
A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...
and other executive positions, members of the
State Legislature, and members of the
State Board of Equalization), as well as for
United States Senators and members of the
United States House of Representatives
The United States House of Representatives is a chamber of the Bicameralism, bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Artic ...
. Proposition 14 does not affect the election of
president
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
*President (government title)
President may also refer to:
Arts and entertainment Film and television
*'' Præsident ...
and
vice president of the United States
The vice president of the United States (VPOTUS) is the second-highest ranking office in the Executive branch of the United States government, executive branch of the U.S. federal government, after the president of the United States, and ranks f ...
, local offices, or non-partisan offices such as judges and the Superintendent of Public Instruction.
Instead of allowing each
political party
A political party is an organization that coordinates candidates to compete in a particular area's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific political ideology, ...
to hold a
partisan primary
Primary elections or primaries are elections held to determine which candidates will run in an upcoming general election. In a partisan primary, a political party selects a candidate. Depending on the state and/or party, there may be an "open pri ...
open to just its members (and
independent voters, if the party chooses to do so) to determine its candidate for the
general election
A general election is an electoral process to choose most or all members of a governing body at the same time. They are distinct from By-election, by-elections, which fill individual seats that have become vacant between general elections. Gener ...
, Proposition 14 proposed to create a single primary ballot that would be identical for all voters. All candidates running in the primary election, regardless of their political party preference (if any), would appear on that ballot. The two candidates with the most votes would then qualify for the general election, regardless of which party they identify with (if any).
Proposition 14 specifically prohibits
write-in candidate
A write-in candidate is a candidate whose name does not appear on the ballot but seeks election by asking voters to cast a vote for the candidate by physically writing in the person's name on the ballot. Depending on electoral law it may be poss ...
s in the second round.
The provisions of Proposition 14 do not apply to
presidential primaries, leaving presidential primaries as
semi-closed whereby voters can register with any party up to two weeks prior to election day, or at the polling place, to vote in the presidential primary of the party of their choice. As of the
2024 presidential primary, three political parties in California (the
California Democratic Party
The California Democratic Party is the affiliate of the Democratic Party in the U.S. state of California. It is headquartered in Sacramento, the state capital.
With 46.59% of the state's registered voters as of February 2024, the Democratic ...
, the
California Libertarian Party, and the
American Independent Party
The American Independent Party (AIP) is an American political party that was established in 1967. The American Independent Party is best known for its nomination of Democratic then-former Governor George Wallace of Alabama, who carried five s ...
) allow
voters who are not registered with any party to vote in their party's presidential primaries. However, the voters not registered with any party must specifically request a ballot for one of those parties in order to vote in those parties' presidential primaries.
Results
Court challenge and ruling
The constitutionality of the measure was challenged in ''Field et al. v. Bowen et al.''
The plaintiffs represented a broad spectrum of the body politic in California:
*Mona Field, a professor of political science at
Glendale Community College and elected member of the board of trustees of the
Los Angeles Community College District
*
Richard Winger, a
Libertarian
Libertarianism (from ; or from ) is a political philosophy that holds freedom, personal sovereignty, and liberty as primary values. Many libertarians believe that the concept of freedom is in accord with the Non-Aggression Principle, according ...
who publishes
Ballot Access News
''Ballot Access News'' is a United States–based website and monthly online and print newsletter edited and published by Bill Redpath and Richard Winger.
History
Richard Winger, an expert on ballot access law in the United States, started t ...
*Stephan A. Chessin, a
Democrat who is chair of Californians for Electoral Reform
*Jennifer Wozniak, an organizing and field service coordinator for the
Laborers' International Union of North America, Local 777
*Jeff Mackler, a 2006 write-in senatorial candidate for
Socialist Action (U.S.)
*Rodney Martin.
On September 19, 2011, an appellate court ruled that the "Top Two" system was constitutional. The case then returned to the Superior Court of San Francisco County.
On August 1, 2012, Judge Curtis Karnow awarded $243,279 in legal fees ''not'' to the nominal defendants in the case, which were officials of the State of California represented by the Attorney General, but to independent attorneys supporting Prop 14.
The original plaintiffs then asked for reconsideration of this award. On Friday afternoon, September 14, 2012, the date for the reconsideration hearing was advanced to September 17, before the same judge who had awarded the $243,279. Plaintiff Winger called the award and the acceleration of the reconsideration hearing "outrageous" and "punitive." Election-law expert
Richard L. Hasen, although an opponent of the suit, agreed, writing that the award was "absolutely outrageous." This award has been called a SLAPP (
strategic lawsuit against public participation
Strategic lawsuits against public participation (also known as SLAPP suits or intimidation lawsuits), or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with ...
) action, "intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition."
The Motion for Reconsideration was reassigned to Judge Harold E. Kahn, and continued to September 25, then October 3, then 22, and then 24, 2012. The case was reassigned to Judge Karnow who ruled against the motion for reconsideration in October 2012.
[Munger's claim for legal fees may chill public interest suits. Los Angeles Times. 31 October 2012.]
References
External links
*
{{CA2010elections
14
Legislatively referred ballot measures
Electoral system ballot measures in the United States