Judge Upholds California Top-Two Primary System

The court dismissed a challenge to state election laws but allowed the case to proceed regarding ballot party labels.

Updated on Oct. 23, 2026 in Political Parties

Isometric editorial illustration of a modern, clean-lined voting kiosk intake slot, representing state election ballot procedures. — A U.S. District Court judge has partially dismissed a lawsuit against California's top-two primary system, allowing further review of ballot labeling regulations. AI Illustration. Upload story photo >

Live Poll

Should states be required to allow minor parties to display their party names on election ballots?

U.S. District Court Judge Maxine Chesney has dismissed a portion of a lawsuit challenging California's top-two primary election system. However, the court will keep the litigation alive to address specific concerns regarding ballot labels for candidates from smaller parties.

Why it matters

The ruling impacts how political parties are represented on primary ballots in California, where state law currently requires some candidates to omit their actual party affiliation.

The federal court presiding over case 3:24cv-8308 dismissed the challenge to the top-two system following a hearing held on October 23, 2026. The matter will now proceed to trial to evaluate label requirements for candidates from unqualified parties.

The players

Maxine Chesney

She is a U.S. District Court judge presiding over the legal challenge regarding California election procedures.

Peace & Freedom Party

This political organization is a plaintiff in the lawsuit challenging the state's current ballot and primary system.

The details

Candidates currently registered with parties such as the American Solidarity Party must use the designation 'party preference: none' on primary ballots. The court ruled that this specific labeling issue requires further adjudication before a final verdict is reached.

The U.S. District Court hearing for Peace & Freedom Party v Weber took place on October 23, 2026.
California hosts primary elections for state and congressional offices during the month of March.

Political Context

Opponents of the top-two primary argue that the system suppresses smaller political voices by effectively merging primary contests. Supporters, however, contend that the process encourages moderation and broader electoral participation across the state.

California voters will continue to see the top-two primary format on their ballots for upcoming congressional and state office elections. Candidates who are not registered with major parties will remain subject to current ballot label requirements while the court case proceeds to trial.

The takeaway

The court's decision signals that while the fundamental structure of California's primary system is stable, the specifics of ballot transparency remain open to legal debate. Voters should prepare for consistent ballot layouts in upcoming election cycles until the litigation reaches a final conclusion.