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Chris Weigant

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California's Ballot Experiment

Posted: 05/21/2012 10:00 pm

In a few weeks California will hold its primary election. Not much news will be made, because the two major parties' presidential candidates are already known. But this election will be different for Californians in a major way, because when the general election rolls around in November, there will likely be no third parties on the ballot for voters to choose from. Furthermore, in some races, there may be only one party represented on the general election ballot.

The reason is that California is in the midst of a political science experiment. The voters passed Proposition 14, which mandated a scheme known as "top-two" voting. Explaining it is pretty simple, but what it could mean is a lot more complicated. In the primary election, all parties are free to put up as many candidates as they like for any particular office, as usual. But only the top two vote-getters -- from all parties combined -- will advance to the general election. In essence, the primary becomes the general election, and the general election becomes a runoff vote between the top two candidates.

While the presidential race is exempt from this scheme (presidential candidates from all parties will be on the general election ballot, as usual), most other races -- U.S. Senate, U.S. House of Representatives, and all state races (legislative and executive) -- will use "top-two" voting. What this means, for example, is that Dianne Feinstein may be facing a fellow Democrat on the ballot this November, with no Republican (or Green, or Libertarian) on the ballot at all.

I have no idea as to the likelihood of this happening in Feinstein's race, I should mention; I just used hers as a convenient example. The probability of two people from the same party making it to November is most likely a lot higher for races with districts rather than statewide races, given that a single House district can be a lot more overwhelmingly Democratic (or Republican) than the state as a whole is.

Because this is a fairly radical change in the way Californians elect people, I really have no idea as to how it'll all play out. There may be unintended consequences, and the voters may wind up hating the new system. But since they instituted it in the first place, they'll be able to change it back with a future voter proposition, should they choose.

I have to say, the whole thing makes me a bit uncomfortable, though, because one thing that is virtually assured is that we'll see a general election ballot filled with Democrats and Republicans -- with no third-party representation at all. Since "top-two" voting will likely mean third parties will never (or almost never) qualify for the November ballot, it seems rather undemocratic in nature. If I were a member of the Green Party or the Libertarian Party (or any of the other third parties in California), I would likely be seriously annoyed at this turn of events. After all, fewer people vote in primaries, meaning your candidate won't even be seen by a large portion of the electorate in November.

It will be interesting, in a wonky sort of way, to see if any of the races wind up being between two Democrats or two Republicans. This might be a way to pry entrenched officeholders away from their jobs, by offering an overwhelmingly one-party district a way to replace him or her with an acceptable partisan. Some suggest that in such a contest, the candidates will have to pay attention to the minority-party voters in the district, since that'll be where they can pick up stray votes. This will lead to more centrist candidates, this line of thinking proposes.

I'm not so sure, myself. If I were faced with two unacceptable candidates from a different party, I think I'd probably leave that contest blank on my ballot (I'm just supposing, here; it's impossible to say without knowing who the actual candidates would be).

This could have the effect of driving primary election turnout up, but then again it could also have the effect of driving general election participation down. Political experiments almost always produce side effects that were not predicted by those advocating the change.

We'll just have to wait and see how it turns out. Most voters won't even notice the change until November rolls around and there are only two names on the ballot for almost all the contests. This may come as somewhat of a shock to those voters who haven't been paying much attention. While the option will still exist to vote for a Libertarian or Green presidential candidate in November, they'll likely be the only representatives from their respective parties on the entire ballot, which, as I said, doesn't really sit right with me, because it smacks of second-class status for anyone not a member of the Democratic Party or Republican Party.

 

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11:17 AM on 05/23/2012
As a pollworker I am not sure how I feel about this all on same ballot system in the hands of the people. Only 6 percent even read the actual words of the ballot initiatives even less 4% actually know more than their party candidate for president.
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09:15 AM on 05/23/2012
The advantage of this system, for the voter, is that it eliminates the lesser-of-to-evils problem. Hopefully, as voters start to understand the system - more of them will vote for their "hearts desire" in the nominating primary (first election) and their favorite mainstream candidate in the general (2nd) election. I do agree that it has little if any advantage over run-off nominating primaries, since in the vast majority of U.S. states, any candidate can run in any (non-presidential) nominating primary. *

* reference:
What is a Political Party?
http://i-voter.tripod.com/US_PoliticalParties.html
09:51 PM on 05/22/2012
I think open primaries suck. Why should a Republican determine who my Democratic senate candidate should be?
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09:30 AM on 05/23/2012
What is your problem? California state law has allowed an American Nazi to run in the Democratic nominating primary for U.S. Senate. He could have chosen to run in the Republican nominating primary. It is his or her choice. I think this has been true for about 80 years. U.S. "political party" ballot labels are something of a joke - by law.*

* reference:
What is a Political Party?
http://i-voter.tripod.com/US_PoliticalParties.html
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HUFFPOST SUPER USER
gsocratesasks
Obama is keeping troops in Afghan past 2014...
02:23 PM on 05/22/2012
Yes.. they outlaws your party in cal..
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studioh!
bridging the snarchasm
01:46 PM on 05/22/2012
"The reason is that California is in the midst of a political science experiment."

poli-psy or poli-sigh?
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HUFFPOST SUPER USER
DerFarm
A mis-spent youth -- I coulda been chasing women
01:34 PM on 05/22/2012
Hogwash. Any race the third party can possibly hope to win in the general, the third party will have a better chance to win in "top two". The "top two" is tailor made for 3rd parties at the DISTRICT level, where $$$ is less likely to be a major factor and organization and personal hand pumping relatively more important..

Alternatively, third parties almost NEVER be able to get elected under the prevailing system at almost any level. My proof is that you find hen's teeth more often than 3rd party winners in US politics. Check out eurekalert.org/pub_releases/2006-02/uom-htn022206.php for more on hen's teeth.
12:47 PM on 05/22/2012
It's a terrible idea and extremely undemocratic. Even if third party candidates are unlikely to ultimately win the seat, people should still have the opportunity to vote for them. Expressing your preference is not a wasted vote in my book.

Complicating this is the fact that in CA Republicans have closed primaries, while Democrats do not. So, only registered Republicans can vote in the Republican primary, but Democrats and Independents (decline to state) can vote in the Democratic primary.

This is another example of the main weakness of the initiative system here, there is no vetting. If you get enough signatures, you can pretty much put anything on the ballot. Putting a measure on that ballot that is unconstitutional or that just doesn't work mechanically only gets sorted out later by the courts if the measure passes and someone sues over it.
MrStat1
I believe in the rule of law
01:18 PM on 05/22/2012
Then file a lawsuit.
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HUFFPOST SUPER USER
tinsldr2
Retired Army Officer
12:14 PM on 05/22/2012
California, like a breakfast cereal

the land of fruit nut and flakes

Why would they have voted to limit their choices when voting.....
MrStat1
I believe in the rule of law
01:18 PM on 05/22/2012
Because the 2 partys knew it would keep out 3rd party candidates.
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HUFFPOST SUPER USER
tinsldr2
Retired Army Officer
02:00 PM on 05/22/2012
As a guy that sometimes votes for libertarian candidates at local and state levels I get what you are saying.

I know why the PARTIES wanted it. But the PEOPLE voted for it. (caps for emphasis not shouting)

And that people read thought it was good is mind boggling.
HUFFPOST SUPER USER
Awake-and-Sing
named after a great play written by Clifford Odets
12:00 PM on 05/22/2012
This particular system isn't new. It is currently being used by Washington state and Louisiana. It is only new for California.

I would prefer all of California use the rank-choice voting system used in Ireland and Australia and in San Francisco and Oakland so that people could vote for their first choice without fear they are helping their last choice to get elected by splitting the vote.
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jf12
When I saw her I marveled greatly.
11:48 AM on 05/22/2012
All voting schema suffer from various voting paradoxes.
http://en.wikipedia.org/wiki/Gibbard-Satterthwaite_theorem
Provably there is no best scheme.
http://en.wikipedia.org/wiki/Comparison_of_instant_runoff_voting_to_other_voting_systems
However, the technology has existed for quite some time to make instant voting and instant tallying a reality in America. That such technology has not been implemented tells you a lot.
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HUFFPOST PUNDIT
Chris1962
NYC
11:46 AM on 05/22/2012
Eh, you California people. You're always doing something whacky. Too much sun.
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jf12
When I saw her I marveled greatly.
11:40 AM on 05/22/2012
The Constitution gives each state the right to choose "times, places, and manner of holding elections", but not the right to choose whether or not the people may vote for whom they want. By principle writeins are always allowed, regardless of contrary rules, no matter who is on the ballot.
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HUFFPOST PUNDIT
TRex86
Enjoying life in West Ohio
10:08 AM on 05/22/2012
Another dumb initiative from the Golden State. When I lived in Cali I was registered P+F for nearly 25 years. Often neither major party candidate was acceptable, but I had my own to vote for. Third parties got enough votes to stay on the ballot, making elections mildly interesting. To wit: My modest proposal is to go back to the 1950's with open primaries and equal air time for all candidates. Of course I would impose public financing as well. I have fond memories of the debates back then that included the RCP, SWP, AIP and other splinter parties. (The major candidates seldom won the debates--too boring). A noteworthy exception was our local Congressman, Jim Corman (D-Van Nuys), the best that ever was. When I see a hack like John Boehner in the Congress I think of Corman and weep for the future.
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HUFFPOST PUNDIT
TRex86
Enjoying life in West Ohio
01:37 PM on 05/22/2012
Yo, Mr. Stat 1. Sorry your snide post got nuked. Check the style manual and come back any time.
My reply:
Evidently you prefer dim-witted spendthrifts like GW Bush. At least you're acknowledging that Obama isn't a "leftist." On that we agree.
TR, proud leftist.
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HUFFPOST SUPER USER
butlercaddie
Fear->Anger->Hate->Tea
09:43 AM on 05/22/2012
If I were an unscrupulous partisan I would load the other party's ballot with fake candidates, in order to dilute the total in a fairly balanced district. If I have 2 Rs and 8 Ds, I could have an R vs R.

On the other hand, in a heavily partisan district, a RINO or DINO would stand a better chance of getting to the general.
10:31 AM on 05/28/2012
This is exactly why I voted against this.....
09:26 AM on 05/22/2012
Is it really a good idea to give so much power to primary voters? Seems to me that this system will make every election look like an off year election.