In a post last night, I expressed concern that the Legislature, which has traditionally been very opposed to the open primary, might pass a measure that would be full of holes so that it would be struck down by the courts under the authority of California Democratic Party v. Jones and the Washington State Grange cases. I was especially concerned when I saw some early draft language that appeared on the Sacramento Bee‘s website.
I have now received a copy of the state constitutional amendment that will go on the June 2010 ballot. In addition, the legislature has conditionally passed these legislative changes, which will go into effect only if the constitutional amendment is approved by the voters. While I have not had a chance yet to go over this in any detail yet, the measures look very much like the draft initiative proposed by the California Independent Voter Project. I consulted on the drafting of this measure, and I believe it is very strong constitutionally.
The fight now becomes a political one. Senator Mark Leno is quoted in the LA Times as follows: “It is going to get killed for sport.” We’ll see.