A candidate who made a bid to succeed retiring Rep. Henry Waxman in the 33rd Congressional District sued the state Wednesday, alleging that California’s ban on write-in candidates in the November general election violates his constitutional rights.
Theo Milonopoulos, a 27-year-old doctoral student on leave from Columbia University, contends in the lawsuit that Secretary of State Debra Bowen is infringing on his First Amendment right “to petition the government for a redress of grievances.”
Under California’s nonpartisan “jungle” primary system, the Los Angeles County Registrar-Recorder counted only those votes cast for the top two finishers in the June 3 primary election in which Milonopoulos was a write- in candidate.
Republican gang prosecutor Elan Carr and Sen. Ted Lieu, D-Torrance, emerged as the top two vote-getters in the 33rd Congressional District race and will face off in the November general election.
“By refusing to count any write-in ballots cast for me in the general election, the California Secretary of State denies me my right to petition the government as a member of the U.S. House of Representatives,” Milonopoulos said. “There is no more direct way to petition the government to redress my grievances and those of my constituents than to serve as a part of that government in the people’s house.”
In his lawsuit, filed in Los Angeles federal court, Milonopoulos asserts that California’s election laws “severely burden” his right to serve in a federal office by imposing additional qualifications beyond those enumerated in the U.S. Constitution for service in the U.S. House of Representatives.
“California’s state election laws are infringing on my rights to serve in federal office,” Milonopoulos said. “Although as a political independent I support the state’s non-partisan primary process, I vigorously object to Debra Bowen’s refusal to allow me to run as a write-in candidate in November.”
In an associated filing, Milonopoulos petitioned the court to impose an immediate injunction suspending enforcement of the write-in ban so that he can serve as an officially qualified write-in candidate to represent the 33rd District.
“I hope the federal court system moves swiftly to allow me to run in November as an officially qualified write-in candidate for Congress,” Milonopoulos said. “My rights and the rights of the voters of the 33rd Congressional District are at stake.”
Waxman, D-Beverly Hills, announced in January he would not be seeking a 21st term in Congress.
— City News Service
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