Federal Judge Denies Candidate's Request to Suspend Election Rules

A federal judge issued a ruling Wednesday denying a Venice candidate's request to suspend new statewide election rules because he can't list himself as "Independent" on the ballot in the upcoming election to fill a vacant seat in Congress.

U.S. District Judge Otis D. Wright II denied a request for a preliminary injunction that would have blocked enforcement of SB6, the state bill that changed California's election code to allow the implementation of Proposition 14, the "top two" open primary election system that voters endorsed in June 2010.

As part of the new rules, if no candidate gets more than 50 percent of the vote, then the top two finishers in the primary will face each other in a general election, even if they are from the same party. Under the provisions of Proposition 14, the state also recognizes six official political parties: Democratic, Republican, American Independent, Green, Libertarian and Peace and Freedom. If a candidate does not choose to affiliate with any of the sanctioned parties, they must state "No party preference" on the ballot.

The request for a preliminary injunction was brought by Venice resident Michael Chamness, who is affiliated with the so-called "Coffee Party," a 2-year-old political group that started out on Facebook. Chamness claimed in his request for a preliminary injunction that his First Amendment rights were being violated because he could not state that he was "Independent" and was being forced to tell voters that he had "No party preference," even though he affiliates with the Coffee Party. Under the old election rules, Chamness could state that he was "Independent." He also claimed violations of his Fourteenth Amendment rights and violations of the federal Elections Clause.

Wright ruled that the burden on Chamness wasn't severe enough to warrant issuing a preliminary injunction, noting that he could let his views be known in the voter information pamphlet and via advertising. He also agreed with the state's position that allowing Chamness to state he was "Independent" could confuse voters, since "American Independent" is one of the six offically recognized parties.

The court also ruled that granting a preliminary injunction would be "counterproductive to the public interest," since California voters passed Proposition 14.

A special primary election for the vacant seat has been scheduled for May 17 and there will be a July 12 runoff, if no candidates receives a majority of the votes.

The election is being held to replace former Rep. Jane Harman (D-Venice) who resigned Feb. 28 to join a Washington, D.C.-based think tank. The 36th Congressional District includes Marina del Rey, Playa del Rey, Del Rey, Mar Vista, Venice, Hermosa Beach, Manhattan Beach and Redondo Beach. Chamness is part of a field of 16 candidates vying for the spot in Congress.

Chamness also unsuccessfully competed in the recent special election to replace the late state Sen. Jenny Oropeza in the state Senate's 28th District and complained about having to state that he had no party preference. He received 0.55 percent of the vote in that election.

The U.S. 9th Circuit Court of Appeals on Tuesday denied a writ of mandamus compelling Wright to issue a preliminary injunction, but urged Wright to rule promptly on the request.

The court's 19-page ruling is attached.