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Disgruntled California voters have blown up their election system by approving Proposition 14, which tosses out the current political party-based primary system in all but presidential races.

With 48 percent of precincts statewide reported, the measure was ahead with 57 percent of voters in favor of it and 43 percent against.

Although results were not official, California's main and minor political parties were already talking about a strategy to file a lawsuit against Proposition 14, Cres Velluci, Green Party state press secretary, said late Tuesday night.

Backed strongly by Gov. Arnold Schwarzenegger, Proposition 14 calls for a new "open" primary, in which all candidates for an office - except those in presidential primaries - appear on a ballot given to voters regardless of party registration.

Under the system -- which Washington state has already adopted -- the top-two vote getters who emerge from a primary square off in a general election, even if they are from the same political party.

"I am thrilled California voters have decided to make a historic change and give equal access to the same ballot for all by passing Proposition 14," Schwarzenegger said in a statement Tuesday night. "This sends a clear message that Californians are tired of partisan gridlock and dysfunction and want a system where representatives put what's best for California ahead of extreme partisan doctrine."

Jason Olson, director of Independent Voice, a group that backed that measure, predicted that more decline-to-state voters would turn out for primary elections with the Proposition 14 approach. Independent voters are now about 20 percent of all California's registered voters. .

"We don't want to be confined by the parties when it comes to who we decide we want to vote for," Olson said.

Right now, if independents want to vote in a California Democratic or Republican primary, they can request one of those party's ballots.

Olson and other supporters of Proposition 14 said the measure would lead to more moderates running for office. The typical system, they said, produces politicians loath to negotiate and take positions that might alienate bedrock Democratic or Republican primary voters.

Supporters also said a top-two system would help minor parties advance candidates.
But that is not the position of California's major parties, the Democratic and Republican, nor the smaller Green, Libertarian and Peace and Freedom parties.

They all oppose the top-two system, arguing it limits voters' choices in a general election.
John Burton, chairman of the California Democratic Party, said the system "makes for mischief," and would disappoint voters by forcing parties to pour more money into elections to appeal to a range of voters in primaries.

Open primaries give candidates more freedom in identifying themselves and mislead voters, Burton said. Before votes were cast, Burton said "it's a serious thought" that the Democratic Party might file a lawsuit if it passes.

Velluci said Tuesday night that representatives of the state's political parties, including Democrats, Republicans and Libertarians, were involved Tuesday in an email exchange about filing a suit.

"There will be a legal change that will be pursued immediately," Velluci said. "The voters were bilked."

He said the business interests in the state backed Proposition 14 so they could bankroll two candidates likely to emerge as winners in a primary. "They want to make sure that there is nobody there that they can't control," Velluci said.

Before Tuesday's election, Republican Party spokesman Rob Griffith said that the GOP leadership believes voters' choice will be limited with the top-two system of voting. He said suing "isn't the Republican Party way of doing things," but Velluci said a Republican representative was in on the conversation about a legal challege.

Griffith said Tuesday night that he hadn't heard anything about a legal challenge being planned at this point.

According to the nonpartisan Center for Governmental Studies in Los Angeles, about one-third of all California's legislative and congressional district races could end up with two candidates from the same party as rivals in general elections.Nearly all of those cases would involve Democrats, according to the center.

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