Hearing Set in CA State Court Case Over Meaning of Open Primary in Constitution for Presidential Primaries

Thanks to Richard Winger of Ballot Access News for this post.

The California Constitution, Article II, sec. 5(a), says, “The legislature shall provide for primary elections for partisan offices, including an open presidential primary whereby the candidates on the ballot are those found by the Secretary of State to be recognized candidates.”

The Independent Voters Project (IVP), which Supports the Top-Two system, filed a Lawsuit on July 23rd, 2019, arguing that because the term “Open Primary” is in the California Constitution in Connection with the Presidential Primary, therefore the Current Law on Presidential Primaries, which Allows each Party to Decide whether to let Independent Voters Vote in its Presidential Primary, Violates the California Constitution.

The Democratic Party, American Independent Party, and Libertarian Party, have told the Secretary of State that they will Allow Independents to Vote in their 2020 Presidential Primary.

The IPV thinks “Open Primary” in this Context means the State must Print a Presidential Primary Ballot with All Presidential Primary Candidates from All Parties on that Ballot, and that Any Voter must be Allowed to use that Ballot.

The Case has a Hearing in San Bernardino on November 19th at 8:30 am. It is Boydston v Padilla, civ-ds-1921480.

That Part of the California Constitution was Added many years ago by the Voters, and the Voters Pamphlet for that Election shows that “Open Primary” meant a Presidential Primary Open to All Partisan Candidates.

Before that was Added to the California Constitution, Presidential Candidates needed a Severe Petition in order to get on a Presidential Primary Ballot.

From Post Comments:

There are Several Claims by the IVP:

- The Presidential Primary is essentially a Straw Poll for the Benefit of Political Parties, Private Organizations, and Not for the Voters, and thus Violates a California Constitution Provision against Spending for Non-Public Purposes.

- All they are asking for is that Voters who Don’t want to Publicly Align with any Party, whether by Registering or Asking for a Ballot be Permitted to Vote in the Straw Poll like any other citizen.

This could be Accomplished by Providing a Non-Partisan Ballot with All Recognized Candidates.










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