Judge upholds state’s ‘blanket’ primary system

Associated Press

OLYMPIA – A federal judge today upheld Washington’s popular “blanket” primary system that allows all voters to help pick finalists for public offices.

U.S. District Judge Franklin Burgess ruled that Washington may continue to use the system that was created by citizen initiative 67 years ago.

The U.S. Supreme Court had thrown out a similar primary system in California, but Washington attorneys had argued that Washington’s primary should be allowed to continue, given the state’s long tradition of crossover voting and not requiring registration by party.

Burgess agreed that the two states are significantly different, and said Washington’s political parties had failed to make a case that their First Amendment rights had been abridged.

“I consider this a victory for Washington voters,” said a jubilant Attorney General Christine Gregoire. “The decision preserves the primary system Washington voters are familiar with and, I believe, prefer.”

Secretary of State Sam Reed was delighted. “We won!” he said. “This is a victory for the people of the state of Washington.”

The judge said attorneys for the state and the Grange, which sponsored the original initiative, persuaded him that “Washington’s blanket primary is a constitutional exercise of the state’s power to regulate elections, (and) they have shown that the political parties have failed to come forth with sufficient evidence to prove the blanket primary’s unconstitutionality.”

During oral arguments earlier this month, state and Grange attorneys said the political parties have prospered under the time-honored system. Assistant Attorney General James Pharris said Washington’s system is a “qualifying” election that sends the finalists to the November ballot, rather than a true party nominating system.

Lawyers for the state Republican, Democratic and Libertarian parties, though, told Burgess the high court’s ruling makes it clear that states cannot force political parties to allow outsiders to help select their nominees.

Washington’s blanket primary allows precisely that kind of crossover voting, with voters allowed to split their ballots at will – a Republican for one office, a Democrat for the next one and a minor party candidate for a third office, for instance.

California and Alaska, which adopted Washington’s system, already have adopted more closed party primaries, but Washington has been allowed by the courts to continue using the wide open system here while the case is litigated.

The parties are expected to appeal the latest ruling.