OLYMPIA – Washington backers of wide-open primary voting get one last, unexpected shot at making their case for resurrecting the kind of crossover “blanket” balloting that was popular for decades.
The U.S. Supreme Court on Monday agreed to take the case that has been brewing for nearly seven years.
The high court agreed to review the constitutionality of Washington’s voter-approved “Top 2” primary system in which the top two finishers would advance to the general election even if they are from the same party. Voters thus could choose their favorite for each office, without regard to party label – the essential ingredient of the old “blanket” primary that the federal courts have thrown out.
The justices will hear arguments in the fall term.
The state government and the Washington State Grange have been sparring with the political parties ever since the high court dismissed the blanket primary in a California case in 2000.
The blanket primary was adopted by an initiative drafted during the 1930s by the Grange, organized labor and other groups. It allowed voters to split their tickets, voting for one party for governor and another party for state senator, for instance.
The court said that violated the parties’ right to nominate their candidates without outsiders taking part in the primary. The Legislature responded with a Top 2 system, but then-Gov. Gary Locke vetoed it and the state reverted to a Montana-style “pick-a-party” system that requires voters to restrict themselves to one party’s slate of candidates.
The change was widely unpopular and voters soon approved a Grange-sponsored Top 2 initiative by a 60 percent vote.
The parties sued, and won in both the U.S. District Court and the 9th U.S. Circuit Court of Appeals. The federal courts said the state can’t allow candidates to use party labels without the parties’ concern.
The state and Grange then urged the high court to hear an appeal, hoping somehow to restore the Top 2 plan, which has never been run in the state, but is similar to Louisiana’s “Cajun primary.”
In a joint statement, Secretary of State Sam Reed and Attorney General Rob McKenna said they’re pleased by the court’s decision to hear the case and look forward to presenting the case.
“We firmly believe in the people’s right to initiative and we will continue to work to uphold the voters’ will,” they said.
Democratic and Republican party leaders also said they’re confident their side will prevail.
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