Candidate's Request to Suspend Election Rules Denied; Certified List of 16

A federal judge has ruled not to suspend new statewide election guidelines at the request of a candidate who said that he can’t list himself as an “independent” on the ballot in the upcoming 36th Congressional District special election.

U.S. District Judge Otis D. Wright II denied the request for a preliminary injunction Wednesday.

The injunction would have blocked the enforcement of Senate Bill 6, which changed California's election code to allow the implementation of a “top two” open primary election system when voters passed Proposition 14 in June 2010, endorsing the new law.

As part of the new rules, if no candidate gets more than 50 percent of the vote, then the top two finishers in the primary will face each other in a general election, even if they are from the same party.

Under the provisions of Proposition 14, the state also recognizes only six official political parties: Democratic, Republican, American Independent, Green, Libertarian and Peace and Freedom.

If a candidate does not choose to affiliate with any of the sanctioned parties, they must state "no party preference" on the ballot.

Chamness, of Venice, requested for a preliminary injunction because he is affiliated with the so-called Coffee Party. The two-year-old political group started on Facebook and not recognized by the state.

Chamness claimed in his request that his First Amendment rights were being violated because he could not state that he was "Independent" and was being forced to tell voters that he had "no party preference," even though he affiliates with the Coffee Party.

He also claimed violations of his Fourteenth Amendment rights and violations of the federal Elections Clause.

Under the old election rules, Chamness could have stated that he was "Independent."

Wright ruled that the burden on Chamness wasn't severe enough to warrant issuing a preliminary injunction, adding that he could let his views be known in the voter information pamphlet and via advertising.

Wright also agreed with the state's position that allowing Chamness to list himself as "Independent" could confuse voters, since "American Independent" is one of the six officially recognized parties.

The court ruled that granting a preliminary injunction would be "counterproductive to the public interest," since California voters passed Proposition 14.

A special primary election to replace former Rep. Jane Harman (D-Venice) in the 36th Congressional District has been scheduled for May 17. There will be a July 12 runoff if no candidate receives a majority of the votes.

Harman resigned Feb. 28 to join a Washington, D.C.-based think tank. The 36th Congressional District includes Hermosa Beach, Manhattan Beach, Redondo Beach and nearby areas.

Chamness is part of a field of 16 candidates vying for the spot in Congress. The California Secretary of State's Office on Wednesday released the certified list of candidates who will appear on the May 17 ballot in the primary election.

Secretary of State Debra Bowen, who also is a candidate in the election, said in a statement that the candidates and their official ballot designations are:

Democrats

• Daniel H. Adler (Party Preference is the Democratic Party) – Parent/Entrepreneur/Producer
• Debra Bowen (Party Preference is the Democratic Party) – California Secretary of State
• Loraine Goodwin (Party Preference is the Democratic Party) – Physician/Arbitrator/Teacher
• Janice Hahn (Party Preference is the Democratic Party) – Los Angeles City Councilwoman
• Marcy Winograd (Party Preference is the Democratic Party) – High School Teacher

Republicans

• Patrick “Kit” Bobko (Party Preference is the Republican Party) – Hermosa Beach City Councilmember
• Stephen Eisele (Party Preference is the Republican Party) – Businessman/Aerospace Entrepreneur
• Mike Gin (Party Preference is the Republican Party) – Mayor, City of Redondo Beach
• Craig Huey (Party Preference is the Republican Party) – Small Business Owner
• George Newberry (Party Preference is the Republican Party) – Businessman
• Mike Webb (Party Preference is the Republican Party) – City Attorney/Prosecutor

Libertarian

• Steve Collett (Party Preference is the Libertarian Party) – Certified Public Accountant

Peace and Freedom

• Maria E. Montano (Party Preference is the Peace and Freedom Party) – Public School Teacher

No Party Preference

• Michael T. Chamness (Party Preference) – Non-Profit Organization Consultant
• Katherine Pilot (Party Preference) – Longshore Office Clerk
• Matthew Roozee (Party Preference) – Business Executive/Mathematician

There had been in time, but two candidates who stated that they had no party preference did not make the certified list. It was not immediately known why they were not certified to appear on the ballot.