TOM PALZER HAS FILED A LAWSUIT IN THE SUPERIOR COURT OF SAN BERNARDINO COUNTY AGAINST THE STATE OF CALIFORNIA CALLING FOR THE REPEAL OF PROPOSITION 14, THE TOP TWO PRIMARIES ACT (JUNE 2010).

PALZER, A REPUBLICAN WHO RAN FOR THE U.S. SENATE IN 2016, ARGUES THAT PROP 14 VIOLATES ARTICLES OF BOTH THE STATE OF CALIFORNIA AND U.S. CONSTITUTIONS. THE KEY COMPLAINTS AND REMEDIES INCLUDE VIOLATION OF EQUAL RIGHTS, CHECKS AND BALANCES, REPRESENTATION OF POLITICAL PARTIES, MANNER OF HOLDING ELECTIONS, FREEDOM OF EXPRESSION, EMPIRICAL DATA, AND CIRCUMVENTING DIRECT DEMOCRACY.

PALZER ASSERTS THAT THE PROPONENTS ARGUMENT THAT PROP 14 "WOULD RESULT IN THE ELECTION OF MORE MODERATE CANDIDATES" HAS BEEN PROVEN FALSE. HE IS USING EMPIRICAL DATA, SPECIFICALLY THE OUTCOMES OF THE 2012 PRIMARY AND GENERAL ELECTIONS AND THE 2016 PRIMARY ELECTION AS THE BASES FOR HIS COMPLAINTS. DATA FROM THE ELECTIONS INDICATE THAT THE NUMBER AND PERCENTAGE OF LIBERAL CANDIDATES IN THESE RACES INCREASED. THE 2012 GENERAL ELECTION RESULT FOR THE U.S. SENATE PROVES THAT THE LIBERAL CANDIDATE RECEIVED 62.8% OF THE VOTE. IN THE 2016 PRIMARY ELECTION FOR U.S. SENATE, LIBERAL CANDIDATES CAPTURED 63.9% OF THE VOTE.

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