The open primary has been on the wish list of many Californians for a long time now. The basic idea is that rather than registered as a Republican so you can vote for the Republican candidate in a partisan race, as the law currently requires, you would be able to vote for your favorite candidate in the primary regardless of political affiliation. The ostensible upshot of this approach would be to let you vote for the best candidate in the primary, regardless of affiliation.
Of course, that's what the general election lets you do.
Proposition 14 would change our current primary election practice as follows:
- Voters could vote for any candidate, regardless of party affiliation
- The top two vote-getters would compete in the general election
- A candidate would not have to list their party affiliation on the ballot
Let's examine these in turn.
Voting for "any" candidate
This seems fine on the face of it, except that, again, it's what we already do in the general election. If we really want to have a system where we all just vote for the best possible candidate, then we should simply dispense with primary elections entirely, except for the national presidential race. The proposed revision would effectively turn all of our partisan primaries into the actual elections, with the two-person race being a runoff, required or not.
The top two go through to the election
Again, this seems to run counter to the idea of a generalized democratic process, unless we want to simply treat the primary election as the actual election. One of the particularly noxious outcomes of this approach is that much of the time, candidates from any alternate parties won't be able to crack the final ballot. Of course, we can return to the notion that this makes the "actual" election basically a required run-off.
One of the potentially negative side effects of this procedure is that even very close runs by third and fourth candidates won't get them there. We could imagine a primary where the favored Republican candidate gets 22% of the vote, the favored Democrat gets 21% of the vote, the Green party member gets 20% of the vote, and the Libertarian candidate gets 19% of the vote...but despite this nearly even split, the Republican and Democrat make it on the final ballot and the Green and Libertarian do not.
Another potentially negative impact is in the focusing effect of this process. Primaries currently represent an opportunity for candidates within a political affiliation to duke it out over the direction their party can take in an election. With an open primary leading to the top two candidates, parties have an overriding incentive to exercise harsh party discipline and keep any dissenting voices stifled and out of the race. A natural consequence is a significant decrease in democracy within political parties.
No need to list party affiliation
Here's the quote:
"...a candidate may have his or her political party preference, or lack of political party preference, indicated upon the ballot..."
But they don't have to! That's what that 'may' means.
In other words, your favorite candidate no longer needs to say anything about his or her political affiliation on the ballot. Less transparency rarely yields more democracy.
Note that the measure would keep party affiliation requirements for certain votes. This is necessary for the presidential primaries, as both the Democrat and Republican National Committees have said that they will throw out results from an open primary.
The overall assessment is that this is a sketchy political maneuver trying to slide in disguised as an improvement in democracy. It will stifle internal party democracy, it will help shut out second-tier parties, and it will let candidates mask their affiliations on election day.
So who's spending money for or against this one?
Money for this proposition is coming from a series of venture capital firms and general contractors. Other funders include Anthem Blue Cross ($25,000), the California Chamber of Commerce ($660,000), Herbalife ($100,000), Schwarzeneggar's "California Dream Team" ($2,000,000), the CEO of Netflix ($257,000), the California Hospitls PAC ($250,000), Hewlett-Packard ($100,000), Blue Shield of California ($50,000), and the California Association of Heath Underwriters ($100,000).
I'm intrinsically concerned about any measure that has significant insurance company backing. More generally, measures with significant corporate backing tend to be about narrowing and reducing democracy, much in the way we can expect this one to do.
Significant money against this proposition has come from the Consumer Attorney's Issues PAC ($46,000), the California Teachers Association ($50,000), the American Federation of State County & Municipal Employees ($50,000), and Jeff Denham ($50,000). There is nothing surprising in seeing support from various employee unions for opposition to a measure that looks to enhance the ability of businesses to buy their way into political influence.
My overall summary is that this measure is a trick, pretending to enhance democracy but actually constraining it rather dramatically.
You can read the full text of the proposition here.