What's Happening?
Fourteen Democratic Assembly members in California have co-sponsored a constitutional amendment, ACA 24, aimed at safeguarding the right of independent voters to participate in all publicly funded elections, including primaries. This initiative comes
in response to a coordinated effort by influential figures from both major parties to repeal California’s nonpartisan top-two primary system, a campaign known as 'Undo the Top Two.' The proposed amendment seeks to codify in the California constitution that the right to vote is derived from citizenship, not from affiliation with a political party. Lead author Stephanie Nguyen (D-Elk Grove) stated that the bill is voter-centered and not about party interests. The 'Undo the Top Two' campaign, filed in 2026 by Democratic consultant Steve Maviglio, has garnered bipartisan support from party insiders, including former California Republican Party chair Ron Nehring and California Democratic Party chair Rusty Hicks. Their objective is to revert to a semi-closed primary system, which would restrict the choices available to the more than 5.2 million Californians registered as 'No Party Preference.'
Why It's Important?
This legislative effort is significant because it addresses a fundamental question about voter rights and the structure of democratic participation in California. The nonpartisan top-two primary, adopted in 2010, has been credited with making the state legislature more representative of California's diverse population, with increased representation for women and people of color. Rolling back this system would return gatekeeping power to political parties, potentially diminishing the influence of independent voters and altering the demographic makeup of elected officials. The debate also highlights a broader constitutional question being litigated in courts: whether the right to vote in a decisive stage of a publicly funded election stems from citizenship or party membership. The outcome of this amendment could set a precedent for how primary elections are conducted, impacting voter access and political representation not only in California but potentially influencing similar discussions in other states where efforts to close primaries are underway, such as Alaska, Texas, and South Carolina.
What's Next?
The proposed constitutional amendment, ACA 24, will now proceed through the California legislative process. Its success will depend on gaining sufficient support within the Assembly and potentially the state Senate, followed by a vote by California citizens. The 'Undo the Top Two' campaign, which aims to place a repeal initiative on the 2026 ballot, will likely continue its efforts, creating a parallel and potentially conflicting path for the future of California's primary system. Major stakeholders, including political parties, election reform advocates like More Choice California, and independent voter groups, will likely intensify their lobbying and public awareness campaigns. The ongoing legal challenges in other states regarding primary access could also influence the arguments and strategies employed by both sides in California. The ultimate decision will rest with California voters, who will determine whether to enshrine the right to participate in all primaries for all citizens, regardless of party affiliation.
Beyond the Headlines
The struggle over California's primary system reflects a deeper tension between political parties seeking to maintain control over candidate selection and a growing movement advocating for broader voter access and participation. The rise of 'No Party Preference' voters, now a significant bloc in California, challenges the traditional two-party dominance and underscores a desire among many citizens for more inclusive electoral processes. This debate touches upon the very definition of democratic representation and the role of political parties in a modern democracy. If ACA 24 passes, it could empower independent voters and foster a more diverse political landscape, potentially leading to more moderate candidates and policies. Conversely, a return to a semi-closed primary system could reinforce party control, potentially leading to increased polarization and a less representative government. The outcome in California could serve as a bellwether for other states grappling with similar questions about primary reform and the evolving nature of voter engagement.
