Did California’s Top-Two Primary Deliver on Its Promise to Reshape Politics?

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California’s top-two primary system was designed to shake up state politics, reward candidates who appeal beyond party loyalists and give voters more meaningful choices in November. But after Tuesday’s primary, many of the state’s biggest races appear headed toward familiar Democratic-versus-Republican matchups — with little suspense about the outcome in heavily Democratic California.

In the governor’s race, speculation had circulated about the possibility of two Republicans, or perhaps two Democrats, advancing to the general election. Instead, voters may be looking at a more conventional contest between Xavier Becerra, the Democratic front-runner, and Republican Steve Hilton, the former Fox News host.

That kind of matchup is common under California’s top-two system, even though the rules allow the two highest vote-getters to advance regardless of party. In a state where Democrats have not lost a statewide race to a Republican since 2006 and where Democratic registration is nearly double that of Republicans, the result of many November contests can be easy to anticipate.

The question for critics and election analysts is why California does not more often produce two-Democrat general elections in statewide races.

Andrew Sinclair, a political scientist at Claremont McKenna College who has studied the top-two system, said California is strongly Democratic — but not quite Democratic enough to routinely block Republicans from November ballots.

Democratic candidates often receive around 60% of the statewide vote, Sinclair said. That is enough to make many general election results predictable, but not always enough to allow two Democrats to finish first and second in a crowded primary field.

Once the Democratic share reaches roughly 60% to 65%, same-party Democratic contests become more likely, Sinclair said. California, he said, often sits in a political middle ground where Democrats dominate statewide elections but Republicans still have enough voters to secure one of the two November spots.

California adopted the top-two primary after voters approved the system in 2010. Under the rules, all candidates appear on the same primary ballot, and the top two finishers advance to the general election. Party affiliation does not determine who moves forward.

Supporters argued the system would force candidates to reach beyond their partisan bases. Former Gov. Arnold Schwarzenegger, a Republican who championed the measure, said at the time that it would help reduce gridlock and partisan fighting in Sacramento. Both major political parties opposed the change.

The reform was also intended to make elections more competitive in districts dominated by one party. Instead of a lopsided Democrat-versus-Republican race, voters in a heavily Democratic district might choose between two Democrats with different policy views. The same could happen in Republican areas.

That has occurred in some races. But if the current vote counts hold, with many ballots still to be counted, several marquee statewide contests this fall are not expected to be especially competitive.

In races for lieutenant governor, attorney general, controller and treasurer, prominent and well-funded Democrats appear likely to face Republicans with steep odds in November. In congressional districts in West Los Angeles and Napa Valley, progressive challengers to moderate Democratic incumbents appear to have fallen short, leaving veteran Democratic Reps. Brad Sherman and Mike Thompson on track to face Republican opponents.

There are exceptions. In the race for insurance commissioner, Democrats Jane Kim and Ben Allen currently hold the top two spots. The 2018 lieutenant governor’s race also featured two Democrats in November, and same-party matchups have occurred in some U.S. Senate races. Still, the more common result remains a traditional partisan contest.

Part of the reason is turnout. June primaries generally draw fewer voters, and those who participate are more likely to be strong partisans. Eric McGhee, a political researcher at the Public Policy Institute of California, said voters often behave as though the top-two primary is still a party primary. Democrats tend to rally around the candidate they see as the strongest Democrat, while Republicans do the same.

There may be some independent or swing voters willing to cross party lines, but McGhee said they are not numerous enough in most June elections to reshape the results.

The governor’s race offered one example. San Jose Mayor Matt Mahan, a moderate Democrat, campaigned on concerns about extremism in both parties, focused on economic issues and pledged to rein in state spending by his own party. Democratic consultant Steve Maviglio, a critic of the top-two system who voted for Mahan, said the mayor seemed like the sort of candidate the system was built to elevate.

Mahan received about 4% of the vote.

“At the end of the day,” Maviglio said, “voters are partisan.”

Same-party contests are more common at the legislative and congressional district level, where one party may dominate a particular region far more than it does statewide. In parts of the Bay Area, Sacramento, Los Angeles and other liberal areas, two Democrats are on track to face each other in November.

Christian Grose, a political science professor at USC, said that over the past decade about one-third of legislative general elections in California have featured two candidates from the same party.

That can allow voters to weigh differences in policy, temperament or effectiveness rather than simply voting by party, Grose said. But it can also lead voters to make decisions based on factors less connected to governing, including race or gender.

In a 2020 paper, Grose found that candidates in top-two states have an incentive to move toward the political center, suggesting the system may have moderating effects even when it does not produce a same-party runoff.

The system may also make it easier for independents to compete. In a newly drawn swing district northeast of Sacramento, Rep. Kevin Kiley, described as a former Republican turned independent, appears to have finished first in his race. Running without major party backing can be more viable in a nonpartisan primary than in a traditional party primary.

Still, the top-two system has drawn criticism for creating opportunities for strategic maneuvering and unusual results.

Tom Charron, co-founder of the California Ranked Choice Voting Coalition, said the system can encourage candidates or outside groups to boost opponents they believe will be easier to defeat in November.

Gov. Gavin Newsom used that strategy in 2018, signaling support to Republican voters for John Cox, whom he viewed as a more favorable general election opponent than Democrat Antonio Villaraigosa. In 2024, a super PAC supporting Democratic U.S. Sen. Adam Schiff spent millions to elevate Republican Steve Garvey, hurting Democrat Katie Porter’s chances of advancing.

The system can also produce “shutouts,” where a party with substantial support fails to place any candidate in the general election because too many candidates split the vote.

That happened in 2012, when four Democrats ran in a San Bernardino congressional race and divided the left-leaning vote. Two Republicans advanced, even though Democrats had a modest registration advantage. A decade later, in a heavily conservative state Senate district east of Fresno, too many Republican candidates split the GOP vote and allowed two Democrats to move forward.

This year, some Democrats worried a similar dynamic could unfold in the governor’s race, where a crowded Democratic field raised the possibility that Hilton and Riverside County Sheriff Chad Bianco, both Republicans, could claim the top two spots.

That outcome did not materialize. Becerra and Democrat Tom Steyer were well ahead of Bianco in the vote count, which Sinclair said showed how unlikely a Democratic shutout was despite the crowded field.

Sinclair said several factors could have made such a result possible: a weak or divided Democratic field, the abrupt exit of Democratic Rep. Eric Swalwell and the lack of an endorsement from the state party or major California Democratic figures. But the concern itself may have prompted some Democratic voters to act strategically and consolidate behind candidates they believed could avoid a shutout.

The renewed debate has already prompted efforts to change the system.

Maviglio has filed a proposed ballot measure to repeal the top-two primary and return California to partisan primaries. He argues same-party general elections leave voters without a true party choice in November.

Supporters of top-two say same-party races can still provide meaningful distinctions, such as a contest between a business-aligned moderate and a progressive. But McGhee said many voters struggle to identify those ideological differences.

Others want California to move in a different direction: ranked-choice voting.

Charron’s group supports a system similar to Alaska’s, where the top four or five primary candidates advance to a ranked-choice general election. Voters rank candidates in order of preference. If their first choice is eliminated, their vote transfers to their next choice.

Several California cities, including Oakland and San Francisco, already use ranked-choice voting in mayoral elections.

Charron said ranked-choice voting could encourage a broader candidate field and reduce concerns about spoiler candidates dividing a party’s vote.

In May, the nonpartisan nonprofit Independent Voter Project launched an effort to bring ranked-choice voting to California through a constitutional amendment that could appear before voters in 2028.

For now, California’s primary system remains in place. But after another election cycle in which the top-two system produced more familiar partisan matchups than political surprises, the debate over whether it has fulfilled its promise is far from settled.

Original source: CalMatters

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