State Question 836: California’s own elections chief doesn't like top-2 primary system

Top-two primary proposal draws criticism—from California’s own elections chief

by Ray Carter | November 19th, 2025

An initiative petition, backed by out-of-state activists, is currently circulating to replace Oklahoma’s current primary-election process with a California-style “top two” or “open primary” system. That system can result in two officials from the same political party being the only choices on the November general-election ballot.

The proposed new system has drawn criticism not only from a wide range of Oklahoma conservatives but also from an unexpected source: the Democrat who oversees California’s election system.

“I’ve never liked that system and still don’t,” said California Secretary of State Shirley Webber in an April 2021 interview with the Bipartisan Policy Center. “And let me tell you why: I think it disenfranchises the small parties.”

Oklahoma’s current election system allows Republican voters to pick Republican nominees in party primaries while Democratic voters do the same in their party’s primaries, with the two parties’ candidates then facing off in the November general election along with any independent candidates who file for an office.

But under the proposed State Question 836, all Oklahoma candidates—Democrats, Republicans, and independents—would be placed on a single ballot with all voters participating. The two candidates receiving the most votes would then proceed to the November general election, even if they are both members of the same political party.

That would largely mirror California elections, where voters’ November choices are often limited to two members of the same party and even statewide races have involved only two Democratic candidates.

Had SQ 836 been in place in Oklahoma in 2018, that year’s gubernatorial election would have given voters a choice between only two Democrats on the November ballot, because a multi-candidate field split the Republican vote in the primary.

An initiative-petition effort is underway to collect 172,993 valid signatures to place SQ 836 on the ballot in Oklahoma.

Supporters of SQ 836 claim it elects more “moderate” candidates and also increases the power of political independents.

But in her 2021 interview, Webber refuted those talking points, saying California’s top-two election system did not benefit the average voter.

“Those who got the law in, and I’ve talked to some of them, realize that it didn’t change much in terms of outcome, okay. We’re still getting those people,” Webber said. “And the only people who really benefited from it were people who run campaigns. And they’re making beaucoup money because if it’s two Dems running against each other in a Democratic area, a lot of money is spent. If it is a Dem and a Republican running in a predominant Democratic area, eh, you’re not going to spend as much money.”

She noted that third-party candidates now file for races in California only if it appears an incumbent will be unopposed, with the third-party candidate filing at the last minute as a write-in candidate.

“That’s the only way that they’re actually going to get on the ballot,” Webber said. “Because if it’s a Democrat and a Republican and then there’s a Green Party, the Green Party’s never going to get on the ballot. And so we have really taken away the opportunity for the other voices to actually be a part of the general election.”

Prior to the adoption of the top-two system, Webber noted that third parties might not win elections, but they could impact the issues discussed.

“We could actually see the other candidates and the other parties, and their voices were heard,” Webber said. “And they attended forums and they were part of the discussions and at least, if they didn’t win, at least their ideas were included in the conversation. And right now, they’re not.”

Article authored by Ray Carter of the Center for Independent Journalism. Re-published by permission.