Democrats, Republicans, Minor Parties, & Independents All Agree: The Top Two Primary is a Bad Idea

One year from now, in June of 2010, the citizens of California will be asked to cast a vote on Senate Constitutional Amendment 4, also known as the California Top Two Primaries Act. The vote comes as a result of a back room deal earlier this year to end the deadlock on passing California’s new budget.

The amendment would institute 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 biggest threat to the existence of minor parties in over 50 years.”

-Richard Winger, Ballot Access News

Free and Equal Elections 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.”

Even the Democrats and Republicans are expected to come out in force against the Top Two Primary -but even this does not guarantee the measure’s defeat.

Well-funded groups, many of whom are well-meaning but misguided, will champion the Top Two Primary as a way to give voters more say in elections. Unfortunately, the Top Two Primary will mean even fewer choices, and, in a state like California, more often than not only one party will appear on the general election ballot.

The Top-Two Primary was defeated by the voters of Oregon this past election. In the year to come, Free & Equal Elections will work to coordinate with other like-minded organizations to ensure that the Top Two Primary is defeated in California as well.

Please, if you are able, make your donation to Free & Equal today. Help us reform restrictive ballot access laws across the country, and stop the spread of the Top Two Primary on the west coast.

Sacramento Bee Editorial on the Top Two Primary


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The following piece was written during the 2004 “top two” initiative campaigns in California and Washington state. Washington voters approved the “top two,” and that state first used it in 2008. Litigation is pending against the “top two” in U. S. district court there.

54% of California’s voters said “no” to the “top two,” as it lost in 51 of the state’s 58 counties.

The piece linked to below was written prior to Washington state’s adoption of the “top two.” It details the working of the Louisiana “top two,” which has existed since 1975.

Here’s the article which details the history of Louisiana’s “top two” as well as the efforts to impose such a system in Mississippi:

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