February 22, 2012

Briefing Begins in Top Two Primary Case

Last week, the first round of legal papers on California’s new Top Two Primary was filed in an influential federal appeals court.  On January 31, 2012, Michael Chamness, Daniel Frederick, and Rich Wilson filed their Opening Brief, which you can read here.

Our Brief shows that California’s Top Two Primary Law violated the rights of Californians in two troubling ways.  First, it unconstitutionally violated the rights of minor-party candidates, by forcing them to falsely state on the ballot that they have “No Party Preference”.  Second, the Top Two Primary law disenfranchised all voters who cast write-in votes in the general election.

Secretary of State Debra Bowen, who is being represented by Attorney General Kamala Harris, will file her opposition papers on March 1, 2012.  We will then file our Reply Brief on March 15, 2012.

The U.S. Court of Appeals (Ninth Circuit) has not yet indicated when it will hear this case.  More detailed information about this grassroots effort to defend voters rights can be found here.

– Gautam Dutta

Wednesday, February 1st, 2012: Rep. Mike Honda Fundraiser

Please Join
Bel Leong-Hong
Shekar Narasimhan
Dr. Gloria Wu
Robert Y. Tsien
Irene Bueno
Mona Mohib
AAA-Fund
(committee in formation)

In celebration of the Year of the Dragon
At a reception in honor of
Congressman Mike Honda
Candidate, California 17th Congressional District
Appropriations Committee
Congressional Asian Pacific American Caucus, Chair Emeritus
DNC Vice-Chair

Wednesday, February 1st, 2012
6:30pm-8:30pm
Democratic National Committee Building
The Wasserman Room
430 South Capitol St. SE
Washington, DC

Requested Contributions:
Host * PAC $5,000/Individual $1,000
Sponsor * PAC $2,500/ Individual $500
Guest * PAC $1,000/ Individual $250
Young Professional * $75

RSVP to Aleli Gapero at / or / (301) 948-1682
Alison Woodworth at
/(202) 547-6656
Make contributions payable to:
Honda for Congress
625 3rd St. NE #2
Washington, DC 20002
FEC ID # C00351379
Or contribute securely online at http://bit.ly/020112DCEvent

Contributions to Mike Honda for Congress are not tax deductible for federal income tax purposes. Federal law requires us to use our best efforts to collect and report the name, mailing address, occupation, and name of employer of individuals whose contributions exceed $200 in a calendar year. We cannot accept contributions from corporations, labor unions, government contractors, and foreign nationals who are not permanent residents. All contributions must be made from personal funds and may not be received by any other person. An individual may contribute a maximum amount of $2,500 per election (the primary and general are separate elections) to a federal candidate. Federal multi-candidate political action committees (PACs) may contribute $5,000 per election. Corporations and individuals are strictly prohibited from reimbursing another person for making a contribution to Honda for Congress.

Paid for and authorized by Honda for Congress

The Case for Write-in Voting

Ed. Note:  This piece was first published in Fox and Hounds.

Voter Voice

Michael Feinstein

By

Co-chair of the Green Party of the United States and a former Mayor and City Councilman in Santa Monica, Calif.
Monday, January 23rd, 2012

A bill about to be passed by the Legislature – AB 1413 – would rob us of our right to vote for write-in candidates, a right we’ve enjoyed and exercised since California statehood in 1850.

With such a major change, one would assume it’s imminent passage is the culmination of a long public process, where the proposed change has been publicly vetted, with broad participation by civic and good government groups in debates, public forums, op/eds and talk shows.

But AB1413 hasn’t gone through such a process. Instead it’s come through the back door in a “gut and amend” bill, gutted a few days before the end of the August 2011 legislative session and now back for a quick ‘emergency’ 2/3 vote so it can go into effect immediately.

AB1413 is being pushed hard by the County Clerks, because it addresses ballot-printing requirements they believe could create an unnecessary burden and significantly increase election costs. Great, let’s address this. But there is no reason to mix such a technical fix with such a profound voting rights issue.

Where is this coming from?

There are currently both state and federal lawsuits challenging Senate Bill 6 (SB6); a federal appeals court will soon hear the federal lawsuit (Chamness v. Bowen). SB6 was the implementing statute for Proposition 14, which created the jungle primary/top two general election process for California and is slated to be tried for the first time this year.

The authors of Proposition 14 specifically avoided putting the write-in question on the ballot before the people, by hiding it in SB6. What SB6 says is that even though voters’ ballots include a space to cast write-ins, such votes won’t be counted! This violates our state constitution, which guarantees the right for everyone to have his or her vote counted. This is one of the main points of both lawsuits.

But instead of eliminating the portion of SB6 that deprives us of our ability to cast write-in votes and thus protecting our right to have our votes counted, AB1413 would get rid of the ability to cast write-ins entirely — and do so without meaningful public debate.

This dark way of doing politics is exactly how we got Proposition 14 in the first place. Proposition 14 was placed on the ballot (and SB6 approved by the legislature at the same time) between 3:40 am and 6:55 am, in February 2009 – fifteen months before Proposition 14 appeared on the ballot. This was in response to political extortion by then State Senator Abel Maldonado, who named that as his price to give the legislature the final ‘yes’ vote it needed to reach 2/3 to approve that year’s eight months’ overdue state budget.

Whether one cares or not about write-in voting, good government demands that the people have a say before Sacramento makes such a radical change to our election laws. At a minimum this proposed change should’ve been introduced in a regular bill to allow for months of public hearings. More appropriately, if the legislature truly believes that Californians should lose their right to write-in voting, it should put that question before us via the initiative process and let the people decide.

But for the immediate present, with the County Clerks pushing hard for passage before the end of the month, the Assembly should amend AB1413 to ensure that voters can continue to vote for write-in candidates, and send it back amended to the Senate, which passed it in its present form last week.

Who would oppose this? One of the three listed supporters of AB1413 is the mis-named ‘Californians to Defend the Open Primary’, a San Rafael-based non-profit ‘educational’ organization funded by the same large California corporations and individual billionaire that funded Proposition 14.

Without disclosing their reasons, these “Defenders” of democracy have pushed hard for Californian’s write-in option to be taken away.  Why?

Perhaps jungle primary supporters oppose write-in voting because they want to limit – not encourage – competition. One only has to look as recently as the November 2010 US Senate election in Alaska, where Lisa Murkowski was elected via write-ins after voters decided that neither the Democratic nor Republican nominees were acceptable. Such a popular outcome would’ve been forbidden under SB6. Here in California, voters elected two members to the US House and one to the US Senate via write-ins between 1930 and 1983.

By contrast, the absence of write-in votes gives the misleading appearance of public embrace for such limited options, because there is no way for voters to register their differences or dissent.

But even without the Top Two, AB1413 is still a bad idea. Californians have successfully used the write-in option for 161 years. In some cases, it’s been a democratic safety valve for voters who don’t agree with the choices before them. In others, it allows the system itself to adapt to changing issues and circumstances by allowing new candidates into our extraordinarily long election process. What if a major new issue arises during the fall that has no champion, or if a candidate falls gravely ill or is convicted of a crime days before the November election?

By ensuring our right to choose a candidate of our choice, write-in votes protect our fundamental right to vote. There has been no evidence that the presence of the write-in option is hurting our democracy. By contrast, it gives voice to voters that don’t feel they have one.

Whether to do away with write-in voting is an important choice that must be made by the voter, not the Legislature.  Let’s hope Sacramento makes the right call and preserves this fundamental right of democracy.

– Michael Feinstein

Help Warren Furutani

Tomorrow night (Tue) history Angelenos could make history.  If AAA-Fund endorsee Warren Furutani pulls out a victory, he will become the first Japanese American and only the second Asian American to be elected to the Los Angeles City Council.

As a grassroots and now elected leader (he currently serves in the California Assembly), Furutani passionately fought for the underdog long before the media recognized the importance of the “99 percent”.  Just as important, he strongly supports meaningful political reforms, including Ranked Choice Voting.

Warren Furutani deserves our strong support.  If you live in LA’s 15th Council District, please make sure to vote WARREN FURUTANI.  And if you don’t, please spread the word and tell your family and frends there to vote for him.

Make sure that every voice will count in this razor-tight race.  Vote!

– Gautam Dutta

Help Mark Takano Make DCCC’s Red to Blue

You can help make history* – please give and encourage others to give to Mark Takano‘s campaign by Monday, and help him make DCCC Red to Blue status. red to Blue is one of the signature programs of the Democratic Congressional Campaign Committee and provides top tier candidates wit matched funds and technical support.

The can be donations of any size. We, of course, want to exceed the 100 person goal and prove to the DCCC that we have the will to win.

What is at stake is earning Red to Blue status. We are very much in contention for being considered for this designation. By helping his campaign make Red to Blue, you will ensure that every dollar raised now will be matched when the DCCC makes the campaign a top target.

*Takano would be the first openly gay minority member of Congress. A Japanese American high school teacher for over two decades, he was born and raised in Riverside, where he has been a public servant since 1990.

–Caroline

Local Education Leaders Endorse Mark Takano for Congress

Editor’s note: The release below is from our friends at the Mark Takano for Congress campaign.

FOR IMMEDIATE RELEASE                                                               
January 11, 2011                                                                                                         

Contact:  Derek Humphrey
Cell: (951) 805-4167

Local Education Leaders Endorse Mark Takano for Congress

Riverside, California – Mark Takano’s campaign for Congress announced the endorsements of Riverside Unified School District Board Member Kathie Allavie, Perris Union High School District Board Member William Hulstrom, Moreno Valley Unified School District Board Member Cleveland Johnson and Jurupa Unified School District Trustee Erasmo “Memo” Mendez today.

“Mark Takano understands the needs of Riverside County schools and the importance of making a quality college education available to all students.  His support of the Gateway Early College High School has enabled many dropouts to return to school and receive both High School Diplomas and Associates Degrees,” said Riverside Unified School District Board Member Kathie Allavie.  “Mark is the clear choice for voters committed to improving our system of public education.”

“Mark has devoted his life to improving public education,” said Perris Union High School District Board Member William Hulstrom.  “There are a lot of lawyers, businessmen and career politians in Washington, DC – we need more classroom teachers in Congress and I’m incredibly proud to endorse Mark’s campaign.”

“Mark supported bringing Riverside Community College into my community.  The RCC Rubidoux Annex has increased access to college classes for local families,” said Jurupa Unified School District Trustee Erasmo “Memo” Mendez.  “I am grateful for Mark’s leadership on behalf of higher education and as a Member of Congress, I know he will find innovative ways to improve our system of public education at all levels.”

A lifelong resident of Riverside, Mark Takano was elected to the Riverside Community College District Board of Trustees in 1990 and won re-election to the board in 1995, 1999, 2004 and 2008. He is the longest serving current board member and one of the longest serving Democratic elected officials in Riverside County.  As a trustee he has championed reform of secondary education, emphasizing Early College High Schools and more opportunities for career and technical education. Takano has worked as a classroom teacher in the Rialto Unified School District for the past 23 years.

The newly created 41st Congressional District includes the cities of Riverside, Moreno Valley, Perris and Jurupa Valley.  The district has a 7.5% voter registration advantage for Democrats. Barack Obama carried the district by a 20% margin in 2008 and Governor Jerry Brown won the district by 12% in 2010.

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AAA-Fund Defends Voter Rights

Asian American Action Fund

Asian American Action Fund
707 H St NW Floor 2
Washington, DC 20001

January 7, 2012

The Honorable Paul Fong
State Capitol
Sacramento, CA  94249-0022
Re: Letter of Opposition to AB 1413

Dear Assemblymember Fong:

Asian American Action Fund opposes AB 1413 in its present form, because it rashly and needlessly bans voters from casting write-in ballots in every general election – a right Californians have enjoyed since 1891.

Since 2000, AAA-Fund, a national political organization (aaa-fund.com), has given Asian Americans a powerful voice in the political process.  Towards that end, we help elect worthy leaders who care about the needs and priorities of the Asian American community and the community-at-large.  We also organize grassroots events and discussions that enable more Asian Americans to participate in the political process.

For over a century, write-in voting has provided Californians with an important safety valve.  If a candidate suddenly withdraws, becomes incapacitated or is charged with a crime, it is often too late to remove his or her name from the ballot – depriving the voters of the critical opportunity to vote for their second choice.  Toward that end, write-in voting gives voters the ability to choose the candidate of their choice.

In November 2010, a write-in candidate (Lisa Murkowski) was elected to the U.S. Senate.  Over the past century, California has elected one write-in candidate for the U.S. Senate and two write-in candidates for the U.S. Congress.  Significantly, even the State of Washington – which recently adopted the “Top Two” primary system – allows voters to cast write-in votes in the general election.

Thank you for hearing our serious concerns about AB 1413.  Please do not hesitate to contact us at 415.236.2048 or info AT aaa-fund.org with any questions.

Sincerely,

Gautam Dutta
Gautam Dutta, Esq.
Executive Director
Asian American Action Fund

Jan 19: SF Mayor Edwin Lee Fundraiser in DC

Honorable Norman Y. Mineta,
Irene Bueno, Madalene Mielke,
Asian American Action Fund,
(host committee in formation)

cordially invite you to a breakfast reception
in support of

Mayor Edwin Lee of San Francisco

with special guest

Mayor Antonio Villaraigosa of Los Angeles

Thursday, January 19th, 2012
8:30 – 9:30 AM

Holland & Knight
2099 Pennsylvania Ave NW Suite 100
Washington, DC 20006

Ed Lee Gets It Done

Contribution:
Sponsor: $500
Friend: $250

Ed Lee Gets It Done

For any questions or to RSVP, please contact Stefanie Roumeliotes at 415-402-0303 or stefanie@sgrconsultants.com

Ed Lee Gets It Done

Top Lawyer Appointed to Influential Court

PRESS RELEASE

APABA APPLAUDS THE APPOINTMENT OF ADVISORY BOARD MEMBER HOLLY FUJIE TO THE LOS ANGELES SUPERIOR COURT

For immediate release:  December 28, 2011

Contact:  Christina Yang at (213) 229-5149 or christina.t.yang@gmail.com

Los Angeles, CA – The Asian Pacific American Bar Association (APABA) of Los Angeles County (www.apaba.org) applauds the appointment of APABA Advisory Board member Holly J. Fujie to the Los Angeles Superior Court.  APABA graciously thanks Governor Edmund G. Brown, Jr. for the appointment.

“APABA is proud to have endorsed Holly, and to have pushed for such an eminently qualified applicant for appointment to the state judiciary,” stated Edmond Sung, president of APABA.  For the last twelve years, she has been a shareholder at Buchalter, Nemer, APC.  She is an expert in insurance and surety industry related litigation, and has been named a Southern California Super Lawyer from 2004-2011, one of the “Top 100 Lawyers” by the Los Angeles Daily Journal, and one of the “Top 50 Women Lawyers in Southern California.”  In 2009, Ms. Fujie was elected to membership in the prestigious American Law Institute.  She graduated, at the age of 22, from the University of California, Berkeley (Boalt Hall) School of Law.

“Holly Fujie truly personifies the best of our profession.  She has a fierce commitment to increasing access to legal services for the underserved, an unwavering dedication to diversity, and an immense passion for justice and equality,” stated Christina Yang, co-Chair of the Public Appointments and Judicial Endorsements Committee.  In her various leadership positions, such as President of the State Bar of California, Board member of the Women Lawyers Association of Los Angeles, President of the Chancery Club, and Chair of the Board at Bet Tzedek Legal Services, Ms. Fujie has tirelessly sought to better our profession.  For her efforts, she has been bestowed the “Trailblazer” Award from the National Asian Pacific American Bar Association, the “Distinguished Advocate for Diversity” Award from the Philippine American Bar Association, the Public Service Award of the Japanese American Bar Association, and the “Breaking the Glass Ceiling” Award from the Leadership Institute for Women of Color Attorneys in Law and Business.

Ms. Fujie’s appointment is celebrated and rejoiced by all corners of the Los Angeles legal community, especially the Asian Pacific American community, for whom she has been a role model and advocate.

###

Libertarian & Green Party Candidates Seek to Join Top Two Primary Case

Ed. Note:  From our friends at BusinessandElectionLaw.com.

Libertarian and Green Party Candidates Seek to Join Top Two Primary Case

Green and Libertarian candidates and voters have asked to join California’s Top Two Primary lawsuit, because party primaries could be restored for the looming 2012 statewide election.

Charles Richardson and David Steinman, who respectively belong to the Libertarian and Green Parties, will run for Congress in the 2012 statewide election.  Randi Clausen and Andrew Arnold, who respectively belong to the Green and Libertarian Parties, intend to vote for them in the 2012 statewide election.

Steinman, Richardson, Arnold, and Clausen seek to immediately join the Top Two Primary lawsuit, because it could restore their right to participate in their respective party’s primary.

Previously, California elected its federal and state leaders through a party-primary system.  During the June primary election, parties like the Libertarian and Green Parties had the constitutional right to nominate candidates for the November general election.

On January 1, 2011, Proposition 14 and Senate Bill 6 eliminated California’s party-primary system.  Under the new Top Two Primary system, all federal and state candidates would square off against one another in the June 5, 2012 primary election.  The top two votegetters, regardless of party, would then advance to the November 6, 2012 general election.

If the Court rules that Proposition 14 is unenforceable, California’s former party-primary system will likely be restored.  That is, parties like the Green Party and the Libertarian Party will regain the right to nominate candidates for the 2012 general election.

Click here for a copy of the Motion to Intervene filed by Richardson, Steinman, Clausen and Arnold.  The U.S. Court of Appeals for the Ninth Circuit is expected to rule on this matter shortly.