Hello Election Law list:

To California Lawyers --

Last June’s Prop. 14 in California shifted us, via constitutional amendment, to 2-round “Top Two” elections, where the top two vote-getters in a primary, regardless of whether a candidate got a majority, and regardless of party affiliation, run against each other in a second round, general, election.

An inconsistent piece of code remains on the books.  It applies only to special elections (to fill a vacancy).  It says that a special election is over if a candidate gets a majority in the primary. 

The Secretary of State’s office told me today that it is in no position to disregard that piece of code, Elections Code § 10705(a), in the absence of a court order.  That’s understandable, although the code is patently unconstitutional since Prop. 14 amended the California Constitution.

At http://thigis.info/toCSOS14.pdf you will find the letter I sent to the SOS’ office that prompted its statement.

I would like to obtain the requisite court order, but am not well set up to file a complaint and motion for an injunction in Sacramento.

The SOS has issued guidance for a special election primary to be held next Tuesday, Feb. 15, citing § 10705, that says "If one candidate receives a majority of the votes (50% + 1), no special general election will be held."  The election is in my state Senate District (SD 28).

So fellow California lawyers, if any of you would please take on this case (I’ll be plaintiff, and help with the lawyering if you’d like), it should be a straightforward matter to recover costs, expenses and fees, and I would be deeply appreciative.  Fast action is required here.  Please contact me as soon as you can.  My home/office phone is (310) 826-7398, and my cell phone is (310) 210 -4856.

  - David A. Holtzman, Esq.

p.s. this is not part of my work for any organization.