California top-two primary

California top-two primary
Name	California top-two primary
Introduced	2010
Status	Active

California top-two primary

The California top-two primary is an electoral system used for selecting candidates for United States House of Representatives, California State Senate, California State Assembly, and statewide executive offices such as Governor of California and Attorney General of California. It replaced the prior partisan primary after passage of Proposition 14 (2010), and is administered by the California Secretary of State and local county election office officials. Proponents and opponents include actors such as Bruce Cain, Gavin Newsom, Arnold Schwarzenegger, and organizations like the California Republican Party and Howard Jarvis Taxpayers Association.

Overview

The system places all candidates for a given office on a single all-party ballot allowing registered voters to choose any candidate regardless of registration, with the top two vote-getters advancing to the general election; major figures in debates include Eugene V. Debs, Henry David Thoreau, and contemporary scholars such as Eitan Hersh and Lawrence Lessig who have written on electoral reform. It affects races from United States Senate contests to local offices in Los Angeles County, San Francisco, and San Diego County, and intersects with rules from the Federal Election Commission and interpretations by the California Supreme Court. The primary has implications for partisan strategy involving the Democratic Party (United States), Republican Party (United States), and smaller parties like the Green Party (United States) and Libertarian Party (United States).

History and Implementation

The top-two model was enacted when California voters approved Proposition 14 (2010) after campaigns led by figures such as Eli Broad and John Burton (California politician), amid advocacy from electoral reform groups and opposition from party organizations including the California Democratic Party and California Republican Party. Implementation required administrative adjustments by the California Secretary of State and procedural rules adopted by county registrars in jurisdictions such as Los Angeles County Registrar-Recorder/County Clerk, San Francisco Department of Elections, and Orange County Registrar of Voters. Legal actions challenging the law have involved parties represented by attorneys from groups like the ACLU and litigants including Daniel J. Hollingsworth, reaching courts such as the United States District Court for the Northern District of California and the Ninth Circuit Court of Appeals.

Mechanics and Procedure

Ballots list all declared candidates for an office with party preference designations next to names; the method affects campaign tactics in districts such as California's 12th congressional district and California's 34th State Assembly district. Voters registered with Democratic Party (United States), Republican Party (United States), No Party Preference (California), or minor parties can select any candidate; the first two candidates with the most votes advance to the general election, a rule that intersects with federal rules governing United States Constitution-based federal elections. Administrative mechanics involve ballot printing by county officials, vote tabulation machines certified by the California Secretary of State, and voter outreach coordinated with entities like Vote California and civic groups including League of Women Voters of California.

Effects and Criticism

Analysts such as Bruce Cain and commentators like David Broder have argued the system can moderate candidates by incentivizing appeals to broader electorates, while critics including the California Republican Party and scholars like Michael McGann argue it may exclude minor party representation and reduce choice. Empirical studies by academics at institutions like Stanford University, University of California, Berkeley, and University of California, Los Angeles examine impacts on turnout, polarization, and incumbency advantage in districts such as California's 25th congressional district and California's 28th State Senate district. Critics point to cases where two candidates from the same party advanced to general elections in places like San Francisco and Oakland, raising concerns among groups such as the Green Party (United States) and think tanks like the Cato Institute.

Legal and Political Challenges

The system has been subject to litigation addressing constitutional claims, including equal protection and association rights, with cases heard by courts including the United States Supreme Court and the California Supreme Court. Parties and interest groups such as the Republican National Committee, Democratic National Committee, and Libertarian National Committee have filed briefs or participated in suits. Legislative proposals to amend or repeal the system have been introduced in the California State Legislature by members like Shirley Weber and debated by governors including Jerry Brown and Gavin Newsom.

Comparison with Other Primary Systems

Compared with closed primaries used in states like New York (state) and Florida, and semi-closed systems in states such as North Carolina, the California top-two resembles the nonpartisan blanket primary previously used in Washington (state) prior to its own revisions, and differs from the ranked-choice primary proposals endorsed by reformers such as FairVote. International comparisons include open systems in United Kingdom party selections and primary-like contests in democracies such as France and Italy where party primaries take different forms.

Notable Elections and Outcomes

High-profile instances include the 2016 and 2018 U.S. House contests in districts like California's 21st congressional district and California's 45th congressional district where two candidates of the same party advanced, the 2014 gubernatorial and 2018 gubernatorial races involving Jerry Brown and Gavin Newsom, and statewide contests for United States Senate seats involving figures such as Barbara Boxer and Dianne Feinstein. Local races in San Francisco produced same-party general elections for offices including Mayor of San Francisco and San Francisco Board of Supervisors, and special elections such as the 2012 contest in California's 31st congressional district illustrated strategic candidate entry guided by party organizations and political consultants like Terry Shea.

Category:California politics