Thursday, February 24, 2011

Business and Election Law: California SB 6 / Prop 14 Lawsuit Regarding Candidate/Voting Rights

"A Coffee Party candidate running to succeed departing Congresswoman Jane Harman (CA-36) has filed a federal lawsuit to block the implementation of California’s new “Top Two” open primary.
SB 6 will be used in a special election to replace departing Congresswoman Harman; current Secretary of State Debra Bowen is among the half dozen candidates who have declared their intention to run in the special election. Vote-by-mail ballots in that election could be cast in a matter of weeks.
Unless an injunction is granted, voters will see a “no party preference” on the ballot for plaintiff Michael Chamness because the Coffee Party is not considered a “state recognized” political party. Under SB6, a “no party preference” label is applied to all minor-party candidates like Mr. Chamness and puts him at a disadvantage compared to Democratic or Republican candidates. Previously, minor-party candidates were allowed to use the ballot label of “Independent.”
Mr. Chamness’ lawsuit challenges the constitutionality of Senate Bill 6 (SB 6), the law that implements Proposition 14’s “Top Two” Primary.  The lawsuit argues that SB 6, which was passed by the Legislature in the middle of the night without opportunity for public comment, unfairly discriminates against and deprives minor-party candidates like Mr. Chamness of their fundamental rights."
The entire article, which includes related documents, is at http://businessandelectionlaw.com/sb6/; commenting is not available with the article.
Under State of California Senate Bill 6, candidates preferring minor political parties may not be able to state their preference on the election ballot.  In a democracy, this disenfranchises these candidates, and, just as negatively, it does not disclose the party preference of some candidates to each voter in the polling station.  The lawsuit declares SB 6 unconstitutional.

SB 6, of Proposition 14, has already passed.  However, people may support the legal work of the lawsuit's plaintiff or defendant.

Hat tip to Election Law blog.

Amplify

No comments:

Post a Comment