Rubin v. Padilla

Opinion

MARGULIES, J.

— Three small political parties and several party members and candidates sought to invalidate California’s electoral system for statewide and legislative offices, contending the system, which consists of an open nonpartisan election followed by a runoff between the “top-two” candidates, deprives them of equal protection and associational and voting rights secured by the state and federal Constitutions. According to plaintiffs, because “minor party” candidates are typically eliminated in the primary election, they are denied the constitutional right to participate in the…