Calderon Introduces Open Primary Legislation
January 6th, 2009
Assembly Member Charles Calderon (D-Montebello) introduced Assembly Constitutional Amendment (ACA) 6, the Voter Choice Act. The measure would reintroduce an open primary system for all statewide offices in California.
In 1998, the electorate overwhelmingly approved open primaries by passing Proposition 198 with nearly 60% of the vote. Open primaries survived one legislative election cycle until June 26, 2000, when the United States Supreme Court issued a decision in California Democratic Party, et. al. v. Jones, stating that California’s “open” primary system, established by Proposition 198, was unconstitutional because it violated a political party’s First Amendment right of association. This effectively ended the open primary at the state level on constitutional grounds.
Earlier this year, the U.S. Supreme Court by a 7-2 vote upheld the state of Washington’s open primary system, approved by the voters and drafted with the Court’s earlier decision in mind. Under their system all candidates appear on the primary ballot for all voters to choose from with the two candidates receiving the most votes moving on to the general election, regardless of party.
This system is essentially the nonpartisan primary system we use in California to choose elected officials from the county level on down, with the exception of candidates being able to state a party preference on their ballot- something not allowed in California local government elections.
The Voter Choice Act is based on the Washington system in California and would allow more voters a voice in electing their representatives.
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