Constitutional Law

California Senate Considering Election Law Changes

 One Republican vote away from passing a well overdue state budget, Democrats in the California Senate are considering a deal to put an open primary on the ballot.

State Sen. Abel Maldonado (R-Santa Maria) may provide the decisive vote in return for the creation of an open primary system in California elections. Open primaries would result in the top two vote-getters in the primary facing off in the general election irrespective of party affiliation. Currently, California’s closed primary system produces a general election contest between the top candidates from each party.

Election Law Blog warns that, “If Democrats are really cynical, they will agree to Maldonado’s request and draft an open primary measure that courts will rule unconstitutional. A solid open primary measure that will sustain [a] court challenge must be drafted carefully.” An initial draft of the proposed legislation is available here.

UPDATE: The Los Angeles Times has this report on the vote passing the California budge and creating open primaries in the state

Full post as published by ACS Blog on February 19, 2009 (boomark / email).