OLYMPIA — Washington’s contested “Top Two” primary makes its debut Tuesday, with state officials predicting near-record turnout and political parties waiting in the wings for another possible court challenge.
Ballots went to voters on Aug. 1. For the first time since 2003, voters can skip back and forth across party lines as they pick finalists for governor, Congress, the judiciary, the Legislature and other statewide offices.
Secretary of State Sam Reed, who’s been talking up the top two system in a statewide tour, said he detects a “huge sigh of relief on the part of the voters.”
“When we had pick-a-party, my office and county auditors received a huge amount of complaints and gripes,” said Reed, who’s also up for re-election this year. Now, “we are hearing nothing, which is an indication that people are satisfied. It’s been a remarkable change.”
But not everyone is happy: The state Republican, Democratic and Libertarian parties’ legal challenges of the new system still linger in the background.
State Democratic Party Chairman Dwight Pelz said the primary “reduces the value of information of who is a Democrat and who is a Republican.”
Pelz said the candidates’ ability to decide how they are identified — Progressive Democrat, G.O.P and Salmon Yoga Party are just a few of the designators voters will see — will confuse voters.
“The voters are worse off for it,” he said. “They should have more clarity, not less.”
The political parties suffered a major setback in March, when the U.S. Supreme Court rejected their argument that they have a First Amendment right to select their own nominees without outside interference. Under Washington’s system, all candidates for a particular office may list their political party preference after their names.
The top two finishers advance to the general election on Nov. 4, regardless of party. For partisan races such as the treasurer’s race, and a handful of legislative races, that means there’s a possibility two Democrats or two Republicans could move forward to the general election.
State Republican Party spokesman Patrick Bell said this possibility deprives voters of a meaningful choice in November.
“We maintain that the current system is unconstitutional,” he said.
In its ruling, the Supreme Court noted that since a top two primary had not been carried out, there was no basis to the parties’ argument that voters would be confused.
The political parties believe that leaves the door open for them, and that the results of the primary will give them ammunition to continue their legal fight. They’re still pursuing challenges on various aspects of the law in federal courts.
For nearly 70 years, Washington state used a “blanket” primary system, with voters picking their favorites for each office — a Democrat for governor, a Republican for secretary of state, on so on. The top Democratic, Republican and third-party vote-getters for each office advanced to the general election.
That system was struck down by the 9th U.S. Circuit Court of Appeals in 2003, three years after the Supreme Court invalidated a similar system in California, finding it infringed on the rights of parties to pick their nominees.
The top two primary, passed by initiative in 2004 with 60 percent of the vote, is a winnowing process rather than a nominating election — raising the possibility that two candidates of the same party could advance to the general election. The model was put on hold by the political parties’ court challenge, and wasn’t in play until the Supreme Court’s ruling earlier this year.
Reed is predicting voter turnout at about 46 percent, driven in part by interest in the new primary. If he’s right, that would be the highest since 1972, when turnout was more than 49 percent.
Also accounting for the high number is interest in the already heated governor’s race between Gov. Chris Gregoire and her Republican opponent, Dino Rossi.
Voters will get their first chance to cast their vote in the rematch between the two, who faced off in the 2004 election.
Neither campaign is publicly putting much weight in the results. But in an e-mail to supporters, Rossi said that if Gregoire doesn’t win the primary by a “commanding” margin, “it will be the beginning of the end of her campaign.”
Voters also are weighing the race for state treasurer, the only open statewide elected seat.
Treasurer Mike Murphy is stepping down after three terms, and has crossed party lines to endorse Republican Alan Martin, his top deputy.
Two Democrats also are vying to get through the primary: state Rep. Jim McIntire, an economist and former House Finance Committee chairman, and ChangMook Sohn, who was the state’s chief economist for more than two decades.
Other races include lieutenant governor, where incumbent Democrat Brad Owen faces four challengers, and secretary of state, where Republican Sam Reed has three challengers. State auditor Brian Sonntag and Insurance Commissioner Mike Kreidler, both Democrats, each have two challengers.
Terry Bergeson, running for her fourth term as superintendent of public instruction, faces five challengers but is expected to advance, along with Randy Dorn, a former legislator, teacher and principal who is executive director of the Public Schools Employees of Washington.
Republican Attorney General Rob McKenna faces Democratic challenger Democratic Pierce County Executive John Ladenburg, and Republican Public Lands Commissioner Doug Sutherland faces Democrat Peter Goldmark. All four are guaranteed to advance under the top two format, since there aren’t any third challengers in either race.
‘Top Two’ primary
Another year, another primary: This year’s “Top Two” is the third different primary format in the past five years. Washington used the old blanket primary up through 2003. In 2004, Washington switched to the pick-a-party system.
Expected turnout: Secretary of State Sam Reed says about 46 percent of voters will cast ballots. If he’s right, that would be the highest primary turnout since 1972, when more than 49 percent participated.
Online voters’ guide: http://wei.secstate.wa.gov/osos/en/Pages/onlineVotersGuide.aspx
More info: Go to http://wei.secstate.wa.gov/OSOS/VoterVault/Pages/MyVote.aspx
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