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Chamness vs. Bowen: Top Two open primary faces legal challenge in race for Harman's seat

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The top two open primary system is facing a legal challenge from an Independent activist affiliated with the Coffee Party movement.

On  February 17th, former State Senate candidate Michael Chamness  filed a lawsuit in federal court seeking an injunction against the  implementation of the top two open primary in the upcoming special election  to replace Congresswoman Jane Harman in California’s 36th Congressional  District.  Harman announced her retirement from the office on Monday,  triggering a special election to fill the seat.

A  non-profit consultant and Coffee Party activist, Chamness  was a candidate in the special primary election for State Senate  District 28 last month, one of the first elections to be held under the  top-two system in California.  Because Chamness is not affiliated with a  ballot-qualified party, the legal scaffolding for the top two open primary  system – namely SB 6 – prohibited him from stating his party preference  on the ballot, nor was he permitted to identify himself as an  Independent, as would have been the case under the old primary system.   Instead, he was listed on the ballot as having “No Party Preference.”

Running in opposition to the top two system, Chamness  received less than 1% of the vote.  Democrat Ted Lieu won the contest  outright with just under 57% support.  There were six other candidates  in the election.  Less than 12% of the nearly 500,000 registered voters  in the district bothered to cast a ballot.

As  he intends to run in the primary race for CD 36, the lawsuit seeks a  preliminary injunction blocking the implementation of SB 6 in that  election on the grounds that Chamness has already been forced “to lie to  voters about his political views” and would be made to do so again if he  must state on the ballot that he has “no party preference.”

“It’s  unconstitutional, undemocratic, and just plain wrong to force any  candidate to lie to voters,” said Gautam Dutta, Mr. Chamness’ attorney,  in a February 23rd press release.

The  suit names California Secretary of State Debra Bowen and  Registrar-Recorder/County Clerk of Los Angeles Dean Logan as defendants.   Coincidentally, Chamness and Bowen will also face off in the primary  election for CD 36.  Bowen has already officially declared her candidacy for the House seat being vacated by Jane Harman.  As the  complaint points out, Bowen will seemingly benefit from what some view as a double standard  established in SB 6:  while she will be allowed to state her particular  party preference on the ballot, Chamness will be prohibited from doing  so.

According  to the suit’s motion, Bowen’s current office has already  effectively admitted to the substance of Chamness’s legal challenge.  It  states that an email from the Secretary of State’s Legislative Analyst  to the Office of the Lieutenant Governor affirms that the “party  preference ban” instituted by SB 6 “is not “permissible” because it  deprives minor-party candidates of the ballot label of “Independent”.”   The first hearing in the suit is scheduled to be held on March 21st.   The special primary election will likely take place in June.

Chamness  is likely to use the race for CD 36 to continue his campaign to reform  Proposition 14.  As he wrote in an op-ed for the Daily Breeze prior to the special election for state senate in February:

“SB 6  forces minor-party candidates to lie to voters and does them a grave  disservice. And that needs to change.”

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