Primary Reform Won’t Die

State Sen. Steve Peace (D-El Cajon) may have come up with a workable replacement for California’s blanket primary election, which was struck down last week by the U.S. Supreme Court. His plan would allow California’s 2 million independent voters to select the ballot of any registered party and vote to nominate candidates of that party alone.

Independent voters would have to request at the polling place a Democratic ballot, a Republican ballot or that of one of the recognized minor parties. The choice of the independents would be limited compared with the blanket primary, but at least they would have a choice.

The blanket primary that California had in 1998 and again this March was a wide-open affair. Sen. Peace’s system is far more restrictive but would still meet the primary objective of reformers: to allow registered independents a chance to vote for nominees for the Legislature and statewide offices. Historically, independents could vote only in nonpartisan races, such as county offices, and on ballot measures in a primary election.

If the parties approve this idea, and if any lingering constitutional questions can be put to rest, the Legislature should approve Peace’s bill and send it to the governor. But these are substantial “ifs.” It was, after all, haste and a lack of debate that allowed the blanket primary to become law.

Absent action in the Legislature, California will revert to the old closed primary in the 2002 election. That means that only registered Democrats could vote in the Democratic primary and Republicans in the GOP balloting; the same would be so for other parties.

The Peace bill (SB 28) requires that the parties agree to allow independents to vote in their primaries. Democratic State Chairman Art Torres says he will recommend changing the party’s bylaws to do that. A state GOP official says the idea will be discussed by party leaders. Democratic Gov. Gray Davis and Republican Secretary of State Bill Jones both support the measure.

The Supreme Court, in its 7-2 vote, held that a blanket primary violates the parties’ right of association. Party leaders, who sued to overturn the law, argued that it was not proper to allow independents and members of other parties to determine a party’s nominees. One legal expert says the Peace bill probably will pass the court’s constitutional test if the parties agree to the plan.

Rep. Tom Campbell (R-San Jose) and other backers of the state’s blanket primary, adopted by voter initiative in 1996, say they will not agree to any such half measure and are considering a new petition campaign to adopt Louisiana’s version of a nonpartisan primary election. Under its rules, no candidate would be identified by party affiliation and the top two vote-getters would face each other in a fall runoff. That would make it possible for both candidates to be Democrats or Republicans, negating the whole idea of parties. It’s true that many young voters are disenchanted with partisan politics. But parties are still an important part of the political process. California can offer fuller participation to independent voters without taking such an extreme step. The Peace bill, if it stands up to examination, seems to be the way.