THE TOP TWO PRIMARY: UNSOUND FOR WASHINGTON STATE
WHY THE SYSTEM ADOPTED LAST NOVEMBER HURTS VOTERS AND PARTIES
NEWSFLASH: The "Top Two" primary system implemented by Initiative 872 has been overturned and declared unconstitutional by federal court judge Thomas Zilly. As a result, the state will again hold a "Montana style" - or, as it's properly known, an open primary system this September in counties that have partisan primaries.
The state and the Grange have said they'll appeal Zilly's decision to the U.S. Ninth Circuit. While they do so, we'll have another open primary this year.
NPI will issue endorsements for both the Democratic and Republican ballots in as many races as possible.
- Why it's Unsound: The top two primary isn't just bad for political parties.
- Essay: Voters listened to angry voices and sold out their choices.
- Legal Flaws: An expert points out problems with the top two primary.
- FAQ: Questions and answers about the new top two primary system.
Last autumn, the Northwest Progressive Institute launched a website to fight against Initiative 872 and the "Top Two" primary system the state Grange and its allies successfully sold to the state's voters. These pages are a restoration of the content of that website, as well as additional content from the No on I-872 campaign.
As a result of the 2004 election, the "top two" system replaced our open primary system and subsequently reduced voters' choices on the general election ballot.
The Demise of the Blanket Primary
For decades, Washington had in place a primary system known as the blanket primary. The "blanket" primary was almost like a primer for the general election because voters could skip back and forth across a primary ballot -- voting for a Democrat for one elective office, a Republican for another and a Libertarian for another.
The purpose of a political primary is to select the candidates who will appear on the general election ballot. The Supreme Court has said blanket primaries, in which every voter may choose from among all candidates of all parties, violate political parties' First Amendment right of freedom of association.
The court said parties have a right to limit voting to self-identified members, and not to the general electorate.
That's the whole point of a primary. You usually have several Democrats and several Republicans who all want to run for the same office. The point of the primary is to decide which Republican and which Democrat (and often which Libertarian) will get to appear on the general election ballot to face off against each other.
When Washington's blanket primary was struck down, the Legislature passed a law providing the governor with a couple of options for a new primary. Then Governor Locke used his line item veto power to institute the second option - a so called "Montana" style primary.
The "Montana" style primary is really an open primary system. In an open primary, voters may vote in one primary of a party of their choice - the choice to be made at the voting booth. So a voter can vote only on the Democratic ballot, or only on the Republican ballot, or only (sometimes) the Libertarian ballot.
A closed primary is even more restrictive. In a closed primary, voters may only vote in a primary if they are registered members of that party. An open primary does not require political party registration.
Initiative 872, which was filed as a response to Locke's institution of the open primary system, created a "top two" system when it passed in November. This system says that only the top two vote getters will advance to the general election - as a way to preserve as much as possible of the old blanket primary.
A broad coalition endorsed no on Initiative 872 - including all of the state parties (Democratic, Republican, Libertarian, Green) as well as the League of Women Voters.
But the Grange spent time and resources to sell voters on the top two plan, and they were aided by Secretary of State Sam Reed, who used his office as a bully pulpit to speak out against the open primary system.
In the end, 59% of voters approved I-872 and it became law. The political parties are challenging I-872 in court and say they might resort to caucuses and conventions to nominate their candidates - and bypass the "top two" primary system altogether.
© 2005 Northwest Progressive Institute.
Northwest Progressive Institute is a TVIWA organization.
NPI SPECIAL REPORT
The top two primary system and Initiative 872: the consequences for the voters and political parties of Washington State.
