State asks high court to review blanket primary

Published 9:00 pm Tuesday, November 25, 2003

OLYMPIA — Washington state on Tuesday petitioned the U.S. Supreme Court to review an appeals court decision that tossed out the state’s popular "blanket" primary.

Since 1935, Washington’s independent-minded voters have enjoyed a wide-open primary that allows them to vote for any candidate on the ballot, splitting their tickets if they wish. Voters do not register by party.

U.S. District Judge Franklin Burgess, sitting in Tacoma, upheld the state’s system last year after the state’s major political parties brought suit.

The U.S. Supreme Court had ruled in 2000 that parties have a First Amendment right of association that allows them to exclude nonmembers from the process of picking party nominees. That ruling struck down a virtually identical blanket primary in California, but Burgess ruled that Washington has a distinctly different political culture and history, including nearly 70 years of crossover voting and lack of party registration.

The 9th U.S. Circuit Court of Appeals overturned Burgess in September, quoting heavily from the Supreme Court’s earlier decision. The appeals bench refused to rehear the case, leaving the high court as the last resort.

Attorney General Christine Gregoire, a Democrat, and Secretary of State Sam Reed, a Republican, both staunch supporters of the blanket primary, jointly announced the appeal request.

State lawyers said they will urge the high court to pay closer attention to the Washington-is-not-California argument.

"Washington’s primary is very popular among voters and has withstood legal challenges dating back to 1936," Gregoire said.

"I believe Washington’s blanket primary is constitutional and we will pursue this case as long as there is a chance for victory," Reed added.

Given the uncertainty of the appeal, Reed said lawmakers should prepare a backup system that can be used in 2004 and thereafter.

"If the 9th Circuit Court of Appeals decision is ultimately upheld, I will continue to fight for a system that gives voters freedom of political choice on the ballot and privacy," he said.

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