The primary system, which sends the top two vote-getters to the general election regardless of party affiliation, was approved by an overwhelming margin in 2004 with the passage of citizen’s Initiative 872.
But the new way of conducting the primary election in this state has been under steady court challenge by the political parties. It’s time to end the litigation.
The parties would be better served at this point to spend their time and money on more worthwhile, valid pursuits, such as the recruitment and support of quality candidates for future races.
The U.S. Supreme Court ruled in 2008 on a 7-2 vote that the state’s primary was constitutional and doesn’t violate the parties’ First Amendment right of association.
So the parties tried another legal challenge, arguing that allowing candidates to identify themselves as Democrats, Republicans or Libertarians without a party endorsement would be confusing to voters.
Fortunately, U.S. District Judge John Coughenour rejected that notion last year, saying the parties failed to prove any fatal flaw in the top-two primary system. The judge had more faith in the voters’ ability to evaluate the political views and strength and weaknesses of the candidates than the political parties did.
The appeals court reaffirmed Coughenour’s ruling, adding that state elections officials have done a good job of crafting ballots and informing voters in a variety of ways that candidates may have a political preference, but that the party may or may not embrace or endorse that candidate.
The latest appeals court decision should put to rest the legality of the top-two primary once and for all.
Barring some unforeseen development, the primary system in place will be used by the state to run the 2012 primary on Aug. 7. The primary ballot should be filled with candidates, vying for governor and other statewide offices, a U.S. Senate seat, 10 House seats in the newly shaped congressional districts, the Legislature, the judiciary and other offices.
Secretary of State Sam Reed, a longtime advocate for primary elections that allow all voters to participate, said the appeals court ruling keeps the voters in the driver’s seat.
The top-two primary allows the voters to cast their ballot for the candidate they choose without having to declare a party preference.
In Washington state, independent political thinking is a long-standing tradition. It’s not uncommon for individual voters to cross party lines and support Democrats and Republicans alike in any given election.
“The primary truly belongs to the people and not solely the parties,” Reed said. “Instead of a nominating process, we have a winnowing process.”
It’s time to move beyond the top-two primary litigation and prepare for what is shaping up as a very interesting election year.
