Ninth Circuit Brief Filed in Top-Two Case

From the challengers: “Our Brief shows that California’s Top Two Primary Law violated the rights of Californians in two troubling ways.  First, it unconstitutionally violated the rights of minor-party candidates, by forcing them to falsely state on the ballot that they have ‘No Party Preference’.  Second, the Top Two Primary law disenfranchised all voters who cast write-in votes in the general election.”

While the issues are certainly distinguishable from those addressed in the recent top-two primary case involving Washington State recently decided by the Ninth Circuit, I find it very curious that the brief does not even cite this case, which certainly addresses issues of constitutional standards of review applicable to minor party constitutional challenges.


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