City Must Allow Write-In Candidates, Court Rules

A state appeals court said Tuesday that San Francisco voting laws must allow for write-in candidates during runoff elections for mayor or other city offices.

San Francisco currently allows write-ins only during city election primaries. The race for office goes to a runoff between the top two vote vote-getters if nobody from the primary field secures a majority of the vote.

The 1st District Court of Appeal said San Francisco’s runoff practice violated the California Constitution and the federal 1st Amendment rights of speech for voters and write-in candidates. During runoffs, San Francisco provides no line for write-in candidates.

A lower court had dismissed the suit stemming from the 1999 mayoral election, which Willie Brown won. The suit was brought by Michael Edelstein, a write-in candidate for the office. The case does not affect the election’s outcome.