The California Top Two Primaries Act ballot proposition was referred by the California State legislature to the June 8, 2010 ballot as part of an agreement struck by State Senator Abel Maldonado in exchange for his vote on the 2009 State Budget.  Maldonado, a moderate Republican from the Central Coast, used the initiative -- which may more commonly be referred to as an “open primary” proposal – as a bargaining chip to leverage his swing vote for a State Budget package that included tax increases. 

That the measure came to the ballot by this means is no indictment of its content, and it is a revival of a proposal that has floated around the state for some time.  Most recently in the form of 2004’s Proposition 62, which was defeated by a 54-46% margin. 

If approved by voters, the proposal will require that candidates run in a single primary open to all registered voters, with the top two vote-getters meeting in a runoff.

The measure would provide for a “voter-nominated primary election” for each state elective office and congressional office in California, in which a voter may vote at the primary election for any candidate for a congressional or state elective office without regard to the political party preference disclosed by the candidate or the voter. The measure would further provide that a candidate for a congressional or state elective office generally may choose whether to have his or her political party preference indicated upon the ballot.  The measure does not apply to Presidential elections.

Supporters and Supporting Arguments
Proponents of “open primaries” traditionally contend that the process will reduce the number of extremists in the state legislature and in congress by allowing a broader diversity of opinion in the selection process.  Jonathan Alter wrote a colorful endorsement of the proposal in a September, 2009 Newsweek column entitled “The Jackass Reduction Plan.” 
  
The measure has drawn the support of a number of editorial writers, as well as from Governor Schwarzenegger.  A campaign committee called “Californians for an Open Primary” has been formed, as of Jan 1, 2010 shows no activity.  The committee was organized by Vigo G. Nielson Jr. of San Rafael. 

Opposition and Opposing Arguments
Traditional arguments against Open Primaries center on concerns that they diminish the potential of smaller party or independent candidates in elections, and that they open party nominations to “dilution” by allowing partisans to influence an opposing party’s nominee.  I.e. a Republican voter could choose to vote to support the nomination of an unpopular Democratic candidate – or vice versa – thereby increasing the chances of their party’s success in the general election. 

Several editorial writers have weighed in against the proposal, noting the rejection of similar plans in Oregon and here in California. 

Richard Winger, a journalist who follow ballot issues, wrote a editorial in opposition to the proposal in the Sept, 20, 2009 Sacramento Bee, entitled “Single Ballot Primary a Loser.”

A campaign committee called “Protect The Democratic Party - Say No To The Open Primary” has been formed, and as of Jan 1, 2010 has no contributions on file. 

Full Ballot Text