Fourteen years after the Supreme Court deemed the blanket primary unconstitutional, California's top-two primary system, which was favored by voters, faces renewed challenges from minor political parties. The Peace and Freedom Party, the Green Party, and the Libertarian Party argue that the system violates their rights and deprives voters of genuine choice. Despite their complaints, the prevailing sentiment among Californians indicates strong support for the top-two system, which is seen as enabling broader participation in elections, allowing all voters to engage in the primary process much like a general election.
Democratic Party insiders, Republican Party insiders, minor political parties, and many national reform and good government groups have tried (and failed) to deep-six the system because the public overwhelmingly supports it.
The plaintiffs argue that California's top-two system is a violation of their First and Fourteenth Amendment rights, as well as the rights of voters who wish to vote for and associate with minor political parties.
The longer the menu, the more choices you get. Take something off the menu, you're denying choice.
The choices these plaintiffs are suing to offer voters already exist in the primary. In that way, the primary is much more like a general election.
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