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CADEM Chair Supports Repealing Top Two. Here's What He's Not Telling Voters.

This week, the Democratic Party chair chose to abandon more than 5 million independent voters in California to embrace a regressive proposal to roll back voter rights.

California Democratic Party Chair Rusty Hicks
Image: Sheila Fitzgerald on Alamy. Image license obtained and exclusively used by IVN Editor Shawn Griffiths.

I am a lifelong Democrat. I served 22 years in the California Legislature as a Democrat and as California's Director of Finance in a Democratic administration. So let me offer some perspective that the current party chair appears to have forgotten.

When Democrats and Republicans teamed up in 2010 to oppose Proposition 14, voters rejected them both. Since then, Democrats have generally prospered over Republicans in California for one straightforward reason: Democrats exercised their right to include No Party Preference (NPP) voters in their Presidential Primaries. Republicans excluded them.

The National Republican Party has effectively hamstrung California Republicans on this question by threatening to cut their delegate allocation in half if California adopted a policy allowing NPP voters to participate in their Presidential Primaries. Both parties have lost followers over the years, but Democrats' openness to voters who prefer not to disclose a party affiliation has given them a structural advantage that should not be taken for granted.

This week, the Democratic Party chair chose to abandon more than 5 million of those voters to embrace a regressive proposal to roll back voter rights.

What "Voter Nominated" Actually Means

California's current system is called a "Voter Nominated" primary. That is not branding. It is the precise legal term in the statute, and it is the foundation upon which the United States Supreme Court upheld the law.

What Maviglio's initiative would replace it with is a "Party Nominated" system, one in which private political organizations decide which candidates advance. Not voters. Parties.

Here is the part neither Hicks nor Maviglio has explained: California does not have voter registration by party. When someone marks a party preference on their registration form, that disclosure is voluntary. It is not an affiliation. It is not membership. The statute calls it a "preference" deliberately.

The only provision protecting a party's private right of association allows, but does not require, parties to restrict participation in their own internal contests, like Central Committee races and presidential convention delegates. Not the top-two primary for any public office.

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The 115-year-old election system that Fox News and Sacramento operatives from both major parties are calling chaotic was specifically designed to stop the kind of party control they’re now trying to claw back

What Repeal Would Actually Do

Under the current system, private political organizations get publicly funded election infrastructure. The state prints their ballots, runs their polling operations, and administers the entire process. In exchange, nominations stay open to all voters.

Undo the Top-Two? California Candidates Weigh In, and the Responses Might Surprise You
Democrats, Republicans and Greens for Constitutional Office publicly defend the right of every voter to participate. The Democratic secretary of state is on the record saying she would prefer a return to closed partisan primaries. Most statewide candidates won’t say where they stand.

Repeal flips that. Parties decide who gets on the ballot before a single public vote is cast, and taxpayers still foot the bill.

According to the secretary of state's April 2026 report, more than 5 million Californians are registered with No Party Preference. That is the largest and fastest-growing segment of the electorate. Under a closed primary, they are out unless a party decides to let them in.

This “voter nominated” legal architecture has withstood dozens of court challenges since 2010. It is not vulnerable. The courts have looked at it repeatedly and affirmed it.

Before signing any petition to undo it, voters deserve a straight answer to a simple question: under the old closed primary system, who decides who makes it onto the general election ballot?

The answer is not you.

Steve Peace

Steve Peace

Former CA Sen. Steve Peace served 20 years in the legislature and authored the landmark top-two primary system to reduce partisan control. He is also known for his role in the cult classic Attack of the Killer Tomatoes.

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