Open primary backers say secret deal derailed

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Gov. Arnold Schwarzenegger and other supporters of the June ballot measure that would allow Californians to participate in state primaries regardless of candidates’ or voters’ party affiliations say they have beaten back a plot hatched by union officials and lawmakers to secretly undermine the measure.

Legislators, who voted for the ballot measure grudgingly as part of a budget deal last year, had directed their attorneys not to fight a union-backed legal challenge that would significantly change the way Proposition 14 appears before voters.

The challenge was filed in Sacramento County Superior Court by the California School Employees Assn., a large donor to the Democrats who control the Legislature. Attorneys for the Legislature agreed to a settlement that would strip from the proposal statements that it would give voters more options, encourage more voter participation in elections and ‘reform’ the election process.

Those attorneys did this without consulting the governor or state Sen. Abel Maldonado (R-Santa Maria), who fought to get the open primary measure on the ballot during budget deliberations last year. Administration officials and Maldonado say they found out about the plan to change the ballot language only after the union and lawmakers already agreed to it and were awaiting approval from the court. Supporters of the open primary intervened in the court case this week and on Friday the judge ruled that the proposal voters see should, indeed, look very much like the one the union wanted scrapped and lawmakers were prepared to throw overboard.

Legislative leaders said their attempt at a settlement was merely intended to fix flawed ballot language in danger of getting stricken by a higher court. They note that they ultimately welcomed the involvement of the governor and Maldonado in the lawsuit. Shannon Murphy, a spokeswoman for Assembly Speaker John Perez (D-Los Angeles), said lawmakers will respect the court’s ruling. ‘We’re pleased with process and the clarity it provided,’ she said.

Supporters of the open primary see things another way. ‘I’m glad this sneaky attempt to derail the open primary failed,’ Maldonado said. ‘The way it was done is an outrage.’

Union officials did not immediately return calls seeking comment.

-- Evan Halper in Sacramento