High court declines appeal over California's top-two primary

AP News
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Posted: Oct 13, 2015 9:38 AM

WASHINGTON (AP) — The Supreme Court is turning away a challenge from minor political parties in California that claim they are essentially excluded from general election ballots because of the state's top-two primary system.

The justices on Tuesday rejected an appeal from the Green and Libertarian parties, among others.

California voters approved the new primary system in 2010. The top two candidates advance to the general election, regardless of political affiliation. The idea was to fight polarization and encourage primary candidates to appeal to a wider pool of voters.

But minor parties say their candidates almost never are on the ballot in November, when millions more people vote than in the June primaries. The parties say the new system violates their constitutional right of political association.

The case is Rubin v. Padilla, 15-135.