Independent Voter Project Successfully Defeats Partisan Attack on Calif. Top-Two Primary

CALIFORNIA — On Wednesday, the California Supreme Court refused to hear the case, Rubin v. Padilla, a third-party challenge to the state’s nonpartisan, top-two open primary. Third parties claim that the new primary system violates their right to be on the general election ballot.

On January 29, the California Court of Appeal in San Francisco affirmed a lower court’s decision to dismiss the case, acknowledging that the right third parties have to fair and equal treatment in the election process is satisfied “by participation in an open nonpartisan primary election in which every candidate has an equal opportunity, regardless of party affiliation, to advance to the general election.”

Read more on the appellant court’s decision here. 

The only option the plaintiffs have now is to seek review by the U.S. Supreme Court. However, the high court has denied previous petitions to review essentially the same question, meaning it would be a long shot for the plaintiffs to go this route.

If the plaintiffs choose to seek review from the high court, they have 90 days to file their petition.

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