California's Top-Two Primary puts every candidate for a voter-nominated office on the same primary ballot. The two candidates receiving the most votes advance to the general election, regardless of party preference. This can produce a general election between two Democrats, two Republicans, or candidates with no party preference. The California Secretary of State's primary election guidance confirms that all eligible voters may choose from the entire field.
Table of Contents
- Which offices use the top-two system?
- What does party preference mean?
- Who advances to the general election?
- How are special elections different?
- When did the system begin, and is it still in effect?
Which offices use the top-two system?
The system covers voter-nominated offices. These include state constitutional offices, seats in the california Legislature, and California's seats in the U.S. Congress.
It does not govern presidential primaries, county central committee contests, or local-office elections. Presidential primaries may be closed or modified-closed, depending on the political party. that distinction matters when reading a primary ballot. Access to candidates in a presidential contest may depend on party rules, while voter-nominated contests place the full field before eligible voters.
What does party preference mean?
Candidates for voter-nominated offices may list a party preference beside their names. That label states the candidate's preference; it does not mean the party endorsed or formally nominated the candidate, according to the Secretary of State's Official Voter Information Guide. A voter is not limited to candidates who share the voter's party preference in these contests.
For example, a voter may choose among Democratic, Republican, or no-party-preference candidates appearing in the same race. When evaluating the ballot, treat the preference label as information supplied by the candidate. Do not assume it represents the party organization's approval.
Who advances to the general election?
The two candidates with the highest vote totals advance. Their percentage of the vote and party preferences do not change that rule in a regular voter-nominated primary. Even a candidate who wins a majority in the primary must appear in the general election.
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The general election also takes place when only two candidates entered the primary, with both advancing. Write-in candidates may compete in the primary. However, a write-in candidate reaches the general-election ballot only by finishing in the top two. The Secretary of State explains that there is no separate independent-nomination route into that general-election contest.
How are special elections different?
Voter-nominated special elections have an important exception. A candidate who receives a majority can win the office outright without another election.
If no candidate receives a majority, the two highest vote-getters advance, regardless of party preference. This differs from a regular top-two primary, where even a majority winner proceeds to the general election.
When did the system begin, and is it still in effect?
California voters approved Proposition 14 on June 8, 2010. The Top Two Candidates Open Primary Act took effect January 1, 2011, as described in the Secretary of State's open-primary information.
The system remained in effect in 2026. On July 14, the Secretary of State allowed a proposed constitutional amendment seeking repeal to begin signature collection; the announcement did not report an enacted repeal. That status appears in the Secretary of State's initiative notice.
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