U.S. District Court in Los Angeles Refuses to Enjoin California Top-Two System

On July 12, U.S. District Court Judge Percy Anderson declined to enjoin California’s top-two open primary system. The case is Elise Brown v Debra Bowen, 2:12-cv-5547. This case is very new, and had been filed by a San Bernardino County Democrat on June 26, 2012. She lives in the Eighth U.S. House district, a strongly Republican district including rural and suburban parts of San Bernardino County and Inyo County. The only two candidates who will be on the November 2012 ballot in that district are Republicans.

The brief order says “At most, plaintiff has established that she lives in a district in which Democrats were unable to coalesce around a single candidate to secure a spot on the general election.” Here is the opinion.

Actually, Democrats did a good job of coalescing in that race. Only two Democrats ran in the June 5 primary, but ten Republicans ran, as well as former Republican legislator Anthony Adams who ran as an independent. Nevertheless, the two top vote-getters were Republicans Paul Cook and Gregg Imus, both very conservative. Here is a link to the unofficial returns for that race. California official election returns for the June 5, 2012 primary are set to be released by the Secretary of State on Friday, July 13, at the end of the day.

Judge Anderson says this case is about associational rights, but actually it is about voting rights.

3 comments

  1. Demo Rep · · Reply

    Gee – another gerrymander district with a mere TWO plurality extremists of the same gang.

    How EVIL stupid is the New Age media about Stone Age gerrymander math ???

    IF the current New Age moron media had been around in the 1400s-1600s there likely would still be divine right of kings stuff – i.e. absolute monarchy/tyrant regimes.
    ———-
    P.R. and nonpartisan App.V.

  2. Larry Allred · · Reply

    “Judge Anderson says this case is about associational rights, but it’s actually about voting rights.”

    That is a first-rate and key summary.

    How the judge is inclined to frame this case, such that he does or might later is in this case, the whole story. It can be said he’s showing his work and doesn’t want to hear lot of stuff he thinks is off-topic. May Elise Browns lawyers be up to the task of framing this thing even after the judge takes every point away one by one.

    Everyone is Elise Brown.

  3. Demo Rep · · Reply

    What part of the nearly dead U.S.A. Const. says that X percent of the Electors-Voters in a party hack gang/faction have a constitutional RIGHT to have THEIR gang/faction candidates on the general election ballots ???

    Solve for X.

    Still waiting for the answer since 1968 — a mere 44 years.
    —-
    P.R. and nonpartisan App.V.

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