2010 California Proposition 14
Elections in California | ||||
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Proposition 14 is a
Background
Proposition 14 was a proposal to amend Sections 5 and 6 of Article II of the
It was authored by
Provisions
The passage of Proposition 14 changed the way that elections are conducted for all statewide offices in California (including the
Instead of allowing each
Proposition 14 specifically prohibits write-in candidates in the second round.[5]
The provisions of Proposition 14 do not apply to
Results
Choice | Votes | % |
---|---|---|
Yes | 2,868,945 | 53.73 |
No | 2,470,658 | 46.27 |
Valid votes | 5,339,603 | 94.43 |
Invalid or blank votes | 315,210 | 5.57 |
Total votes | 5,654,813 | 100.00 |
Registered voters/turnout | 16,977,031 | 33.31 |
Court challenge and ruling
The constitutionality of the measure was challenged in Field et al. v. Bowen et al.[8]
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[9]
- Richard Winger, a Libertarian who publishes Ballot Access News
- Stephan A. Chessin, a Democrat who is chair of Californians for Electoral Reform[10]
- Jennifer Wozniak, an organizing and field service coordinator for the Laborers' International Union of North America, Local 777[11]
- 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.[12] 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."[13] Election-law expert Richard L. Hasen, although an opponent of the suit, agreed, writing that the award was "absolutely outrageous."[14] 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.[15]
References
- ^ California Legislative Counsel. Retrieved 2010-06-08.
- ^ "Top-Two Primary". Independent Voter Project. Retrieved 2017-04-25.
- KPCC. Retrieved 2010-06-10.
- ^ California Secretary of State. Archived from the originalon November 3, 2010. Retrieved June 9, 2011.
- ^ Hagan Cain, Robyn (Sep 21, 2011). "Court Upholds Prop 14 Bans on Write-In Votes, Unqualified Parties".
- ^ "Party Preference Information :: California Secretary of State". Archived from the original on March 6, 2024.
- California Secretary of State. 2010-07-16. Archived from the original(PDF) on 2010-07-22. Retrieved 2010-08-21.
- ^ Field et al. v. Bowen et al., Case No. CGC-10-502018 (Superior Court of California in and for San Francisco County).
- ^ "Board of Trustees". Los Angeles County Community College District. Archived from the original on October 17, 2012. Retrieved October 20, 2012.
- ^ "Californians for Electoral Reform". Retrieved October 20, 2012.
- ^ "Representatives". LIUNA Local 777. Archived from the original on May 22, 2013. Retrieved October 20, 2012.
- ^ "Field v. Bowen". LEAGLE. Retrieved October 20, 2012.
- ^ Winger, Richard (September 15, 2012). "Some Supporters of Top-Two Open Primary Take Punitive Action to Crush Opponents with Crippling Legal Fees". Retrieved September 16, 2012.
- ^ Hasen, Richard (August 6, 2012). "Absolutely Outrageous Attorney Fee Award Against Richard Winger and Other Top Two Opponents in California". Retrieved September 16, 2012.
- ^ Munger's claim for legal fees may chill public interest suits. Los Angeles Times. 31 October 2012.