This morning, a federal judge cancelled oral argument in Chamness v. Bowen, which challenges the constitutionality of two core parts of Proposition 14′s Top Two Primary: (1) its Vote Counting Ban, which bans lawfully cast write-in votes from being counted in every state and federal general election, and (2) its Party Preference Ban, which forces minor-party candidates to falsely state on the ballot that they have “No Party Preference”.
On May 6, 2011, Plaintiffs Michael Chamness, Daniel Frederick, and Rich Wilson filed a Motion for Summary Judgment, which asked the trial court to declare that Proposition 14′s implementing law (Senate Bill 6) is unconstitutional. On May 30, 2011, Plaintiffs filed their Reply Brief. Earlier, the trial court had set oral argument for June 13, 2011.
The trial court did not indicate when it would issue a ruling on Plaintiffs’ Motion for Summary Judgment.