Michael Chamness v. Abel Maldonado

This is a consolidated appeal in which plaintiffs-appellants Michael Chamness, Daniel Frederick, and Rich Wilson challenge the constitutionality of certain sections of California Senate Bill 6 (SB 6), legislation which, implementing California’s Proposition 14 (Prop.14), fundamentally changes the California election system by eliminating party primaries and general elections with party-nominated candidates, and substituting a nonpartisan primary and a two-candidate runoff. Appellant Julius Galacki moved to intervene in the lawsuit, but the trial court denied his motion.

I. Factual Background

Before California voters approved Prop. 14 and the California Legislature enacted SB 6, California operated under a partisan primary election system. Under that system, each qualified party held a primary election in June, and the winner became the party’s nominee in the November general election. Independent candidates did not participate in the primary elections but were nominated to the general election ballot by voter petition.

Prop. 14 amended the California Constitution to establish a “top-two” open primary election system under which voters directly nominate two candidates.…