Mar 20 2012

Final Brief Filed in 9th Circuit in Lawsuit on Two Particular Aspects of California Top-Two System

Source: Ballot Access News

On March 15, this 26-page reply brief was filed in Chamness v Bowen, 11-56449. The Ninth Circuit now has all three briefs in the case, and will eventually set a date for oral argument. Chamness v Bowen challenges two particular characteristics of California’s top-two law (Proposition 14): the ban on the ballot label “independent”, and the original law’s restriction on counting write-in votes.

This reply brief, filed by opponents of Proposition 14, points out that when backers of Proposition 14 intended to place the idea on the ballot as an initiative in 2009, their draft did permit use of the ballot label “independent.” But the version passed by the California legislature changed the draft to make it impossible for any candidate to use “independent” on the ballot. Yet the proponents of Proposition 14 say they want to help independent candidates.

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