The Proposition 14 fight continues today, as opposing parties head to court to argue whether the court should block the state from transitioning to the "top two" primary system approved by voters in June.
The request comes from plaintiffs of a lawsuit filed to prevent Secretary of State Debra Bowen from implementing Senate Bill 6, the legislation passed to outline the implementation of the new primary set-up.
The group of voters and minor party candidates filing the suit say while Proposition 14 itself is legally sound, aspects of the accompanying legislation are unconstitutional.
San Francisco Superior Court Judge Catherine Woolard issued a tentative ruling yesterday rejecting the request on the ground that plaintiffs had filed insufficient evidence to back their claims. She'll hear oral arguments on the motion during a 9:30 a.m. hearing. If she sticks with that decision after today's arguments, plaintiffs could file an appeal of the denial.
Bowen is defending the law against the challenge, though her office has also identified a series of technical fixes the bill needs to be in line with state laws.
Those proposed changes include revisions to some of the areas addressed in the lawsuit, including directions on how to deal with write-in candidates, which will no longer be counted in the general election, and listing party preference, according to correspondence from the secretary of state's office included in court filings
Bowen spokeswoman Shannan Velayas said the office has provided the list of necessary technical changes to legislative leadership, the governor's office and other interested parties with hopes they updates are made sooner rather than later.
"Whether they are accomplished as part of the budget package or through urgency legislation after the New Year, it would be advantageous for them to be in place long before the 2012 Primary Election, because we may need them well in advance of 2012," Velayas wrote in an e-mail.
But no lawmakers have stepped up to carry the clean-up language, which isn't surprising considering both parties have opposed the change. And Lt. Gov. Abel Maldonado, the author and leading proponent of the measure, is against making any changes to the bill.
"Right now we're not going to support tinkering with SB6 or Proposition 14 in any way," Maldonado Chief of Staff Amanda Fulkerson said, noting some exceptions could be made for issues raised by local officials once the 2012 primary nears. "We would like to see a full-fledged implementation of Prop. 14. We want to see it work."
The hearing is at 9:30 a.m. in Room 302 of The San Francisco Civic Center Courthouse.
GOV2010: Democratic gubernatorial nominee Jerry Brown returns again to his old gubernatorial digs to raise cash for a role reprisal. Brown, who served as governor from 1975-1983, is hosting another fundraiser tonight at the apartment he lived in during his first gubernatorial stint. Republican candidate Meg Whitman is holding an afternoon campaign event at Function Drinks in Culver City.
BOOK RELEASE: Gov. Arnold Schwarzenegger's daughter Katherine comes out with her new book, "Rock What You've Got: Secrets to Loving Your Inner and Outer Beauty," today.
CAKES AND CANDLES: Assemblymen Mike Eng and Jeff Miller celebrate birthdays today. Eng, D-Monterey Park, turns 64. Miller, R-Corona, gets 47 candles on his cake.
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