2010 California Proposition 14

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 Abel Maldonado, who represented the 15th district, as Senate Constitutional Amendment 4 of the 2009–2010 Regular Session (Resolution Chapter 2, Statutes of 2009).[1] It was based on a proposal drafted by the Independent Voter Project in 2008.[2] 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.[1] The proposition was publicly backed by Governor 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.[3]

The passage of Proposition 14 changed the way that elections are conducted for all statewide offices in California (including the Governor 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. Proposition 14 does not affect the election of President and Vice-President of the United States, local offices, or non-partisan offices such as judges and the Superintendent of Public Instruction.[4]

Instead of allowing each political party to hold a primary election open to just its members (and independent voters, if the party chooses to do so) to determine its candidate for the general election, 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).[4]

Proposition 14 specifically prohibits write-in candidates in the second round.[5]

The constitutionality of the measure was challenged in Field et al. v. Bowen et al.[7]

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[8]
• Richard Winger, a Libertarian who publishes Ballot Access News
• Stephan A. Chessin, a Democrat who is chair of Californians for Electoral Reform[9]
• Jennifer Wozniak, an organizing and field service coordinator for the Laborers' International Union of North America, Local 777[10]
• 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.[11] 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."[12] Election-law expert Richard L. Hasen, although an opponent of the suit, agreed, writing that the award was " absolutely outrageous."[13] This award has been called a SLAPP (strategic lawsuit against public participation) 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.[14]

• California Proposition 14, Top Two Primaries Act (June 2010) at Ballotpedia