(March 9, 2010) A Sacramento Superior Court Judge today ruled that Californians for an Open Primary, a group co-chaired by CalChamber President and CEO Allan Zaremberg, will be allowed to intervene in an important, but quietly filed, lawsuit that attempts to subvert previously approved ballot language for Proposition 14. Opponents of the Open Primary measure apparently contrived the lawsuit to undermine language previously approved by a two-thirds majority of the Legislature and signed by the Governor last year during budget negotiations. The changes they sought would have, essentially, created a campaign piece against the Open Primary on the June ballot. 
During a news conference yesterday, Zaremberg and other supporters announced plans to intervene in the lawsuit to protect the interests of California voters. They highlighted the secretive attempt by the California School Employees Association (CSEA) to work through the courts to edit the ballot title and summary for Proposition 14 in a way that would bias voters against the measure.
The lawsuit names Debra Bowen in her official capacity of Secretary of State as the defendant. The Office of the Legislative Counsel, which normally would be expected to defend the ballot title and summary as enacted, was resisting any effort to defend the law as drafted. On several occasions, Legislative Counsel rejected offers from Californians for an Open Primary to provide defense. Interestingly, late last evening, the Legislative Counsel suddenly reversed their position and issued a letter saying they have no problem with the Proposition 14 supporters defending the ballot language in court. Attorneys for the Proposition 14 campaign have pointed out that the court lacks authority to change the measure’s ballot label and title and summary because the language was passed by a two-thirds vote of the Legislature and signed into law by Governor Arnold Schwarzenegger.
Zaremberg commented at the news conference that the open primary will ensure that voters have a strong voice in the November general election, rather than just in the primary, as is now the case. An open primary will allow voters to select candidates who most closely reflect their views and represent the interests of their districts.
Proposition 14
Proposition 14 would institute for congressional, statewide and legislative elections a system similar to the one currently used in local elections for school boards, city councils and county supervisors. All candidates’ names would appear on the same primary ballot regardless of party — Republicans, Democrats, decline to state (DTS) and independents. All voters would be eligible to vote in the primary, regardless of party preference. The two candidates receiving the most votes in the primary, no matter what their party, would face off in the general election.
The CalChamber Board voted to support the California Top Two Candidates Open Primary Act. This proposed measure mirrors the development of the successful “open primary” election system that is in place in Washington State. This system allows the top two vote getters, regardless of party, to compete in the general election and has been validated by the U.S. Supreme Court. The measure will appear on the June 2010 primary election ballot as Proposition 14.
The CalChamber Board of Directors voted to support the measure because members believe it will increase voter participation and empowers Californians in all state legislative districts to elect candidates who represent the broadest views in their district.
In February, Zaremberg was joined in signing the pro-Proposition 14 ballot arguments by Jeannine English, California state president of the AARP, and James Earp, executive director of the California Alliance for Jobs.
For more information, visit the Californians for an Open Primary campaign website, www. yeson14openprimary.com