Although it has been more than ten months since California voters passed Proposition 14, the “top-two open primary”, with 53.73% of the vote, the U.S. Justice Department still hasn’t approved the measure. On April 15, the Department of Justice requested more information from California.
Many years ago, the Mississippi legislature passed a bill to establish a top-two system, but the Justice Department never pre-cleared it, so it never went into practice in Mississippi. However, the Justice Department did approve Louisiana’s system in 1975.
California laws must be pre-cleared under Section Five of the Voting Rights Act, because four particular California counties had very lower voter participation many decades ago, when the benchmarks were set for determining which areas are covered by Section Five. The four counties are Monterey, Kings, Yuba and Merced. None of the special elections held under California’s top-two laws have included any part of those counties, but the 2012 election will include them.
NYC Wins When Everyone Can Vote!
Michael H. Drucker
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