http://www.scpr.org/news/2010/07/28/coalition-files-suit-stop-prop-14-implementation/
Coalition files suit to stop Prop 14 implementation

7:10 p.m. | Julie Small | KPCC

Attorneys for minor political party candidates in California and a
group of voters have filed a lawsuit to stop the implementation of
Proposition 14. The complaint claims the switch to a top-two primary
election will shut out minor party candidates and violate voters’
rights.

When California voters approved Prop 14 last month they changed how
the state will conduct the next primary election. In 2012, any
registered voter will be able vote for any candidate, regardless of
their party affiliation. The top two vote-getters will compete in the
general election.

Attorney Guatam Dutta says Californian’s may not have approved Prop 14
had they known about the companion legislation to implement it.

"People didn’t know about it. They didn’t know that if they voted for
Prop 14 they were getting a package deal," Dutta said.

When California’s legislature voted to put Prop 14 on the ballot, they
also enacted Senate Bill 6 to go into effect if voters approved the
measure. Dutta contends that hidden part of the package violates
voters’ and minor parties’ rights.

"People who vote for write-in candidates in the general election will
not have their vote counted. They’ll be throwing their votes away
without even being told that by voting for a write-in your vote won’t
count. And candidates who are from smaller parties will not be able to
list their party of choice on the ballot when they run for office,"
Dutta said.

Under prop 14 candidates from parties other than state-recognized
parties are only allowed to state that they have "No Party Preference"
on the ballot.

Dutta’s called that fundamentally “undemocratic”. He's suing the
Secretary of State and county election officials on behalf of
candidates from the Socialist Action and the Reform Party and voters
from four counties, including Los Angeles and Orange counties.

Dutta hopes to get a hearing within a month at the California Superior
Court in San Francisco on his motion for an injunction to stop the
implementation of Prop 14.







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