August 11, 2006
"California Write-in Case Loses"
Richard Winger of Ballot Access News reports:
On August 9, California Superior Court Judge Gail Ohanesian refused to place several major party nominees on the November ballot. Sonoma County Republican Party v McPherson, 06-cs-01078, Sacramento. The candidates had each polled a substantial number of write-ins in the June 2006 primary, and no one was running against them for their own party's nomination. But none of them got enough write-ins to fulfill California Election Code section 8605, which requires a write-in total equal to 1% of the vote for that office in the last general election. It is somewhat likely that there will be an appeal.
Judge Ohanesian said that Proposition 60, which is part of the California Constitution, and which says that parties cannot be denied the ability to have the person who got the most votes in their own primary placed on the November ballot, was never intended to apply to this situation. However, California case law is very clear, that legislative intent is irrelevant when the words of the Constitution are clear.
The judge's short order is here.
Posted by Rick Hasen at August 11, 2006 07:15 AM