The state of California recently found itself on the precipice of a financial Armageddon. At the end of a marathon legislative session, the state legislature passed a new budget by the slimmest of margins.

But the budget deal was not the only item voted on under the cover of darkness.
At around 4am on February 19th, minutes before the budget was passed, two bills to change the way Californians vote were voted on and approved.

The first bill asks voters to vote on a constitutional amendment, SCA4, which would remove the right of each political party to have its nominees on the November ballot. The second bill institutes a Washington state style “Top-Two” system, in which the top two vote getters in the primary are the only names to appear on the November ballot –even if that means only one political party is represented.

The bills were championed by State Senator Abel Maldonado, and were passed to help persuade Mr. Maldonado to vote for the budget bill. Mr. Maldonado then promptly voted for the passage of the budget bill.

In a twist that further displays the underhanded back-room dealings that sent these bills to the floor, the second bill started its legislative life as a measure on hazardous waste.

The Free and Equal Elections Foundation is vehemently opposed to the idea of the “Top Two” Primary. This ill-conceived system makes it virtually impossible for Independent and Third Party candidates to appear on the November ballot.

“Washington has tried top-two once now. In 2008, for the first time since Washington has been a state, no minor party or independent candidates appeared on the November ballot for either Congress or statewide state office,” said Richard Winger, publisher of Ballot Access News, and a member of the Free & Equal Board of Directors. “The Top-Two Primary is the biggest threat to the existence of minor parties in over 50 years.”

The Top-Two Primary was defeated by the voters of Oregon this past election. California citizens will cast their votes on the proposal in June of 2010.

The Free and Equal Elections Foundation plans to coordinate efforts to defeat these amendments in California, and participate in litigation against the Top Two Primary in Washington State.

The Free and Equal Elections Foundation is a non partisan, non profit 501c(4) organization dedicated to eliminating restrictive ballot access laws that target Independent and Third-Party Candidates.

Free & Equal will challenge these laws, through lobbying of state legislators, court challenges, and initiatives.