[EL] Calif. legislature passes election bill that violates Calif. Constitution?

[David A. Holtzman]

Top Two is in the Calif. Constitution now, and Top Two requires no 
write-ins -- cannot admit write-ins -- in the top-two (final) round.

The Ballot Access News (BAN) post argues that without write-ins in 
November, June-November Top Two violates federal law which "tells the 
states to hold congressional elections in November of even-numbered 
years."The BAN post reasons that therefore "the November event 'is' the 
'election'; the election is not in June."

And so (here's the state constitutional part of the argument): voters 
whose candidates (write-in or otherwise) lost or didn't compete in the 
June round can't, as required by the Calif. Constitution -- in a phrase 
that predates the Top Two amendment --"vote for the candidate of their 
choice in all state and congressional elections."

By this reasoning, pre-November primaries can never be part of 
elections, and sore loser laws violate state constitutions in states 
with similar phrases in their constitutions.

The reasoning also suggests that ballots cast in October should not be 
counted as part of congressional elections.

I would bet against the BAN argument.

- dah


On 1/31/2012 7:40 AM, Richard Winger wrote:
> http://www.ballot-access.org/2012/01/31/california-legislature-passes-bill-eliminating-write-in-space-from-general-election-ballot-for-congress-and-partisan-state-office/
>
> Richard Winger
> 415-922-9779
> PO Box 470296, San Francisco Ca 94147
>
>
>
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> David A. Holtzman, M.P.H., J.D.
> david at holtzmanlaw.com
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