03/08/2007: "US Supreme Court May Decide How We Vote"

State Sam Reed & Attorney General Rob McKenna have announced that they "are pleased the U.S. Supreme Court has decided to hear arguments on the top-two primary initiative 872". The initiative was sponsored by the Washington State Grange, and passed by the voters in 2004. The Ninth Circuit Court ruled in favor of an appeal by state political parties, and now that decision will in turn be reviewed by the US Supreme Court.

According to a published statement, Reed and McKenna, will "continue to work to uphold the voters' will. Initiative 872 is important because it allows voters to choose any candidate on the primary election ballot without being limited to a single political party", stating that "We firmly believe in the people's right to initiative".

They also point out that "The Ninth Circuit decision struck down the primary election system chosen by Washington's people, and also left the state in serious doubt as to what constitutional options it has in crafting a primary that reflects the people's will…We believe that Washington's 'top-two' primary meets the constitutional standards set by the U.S. Supreme Court and look forward to presenting our case."

Reed and McKenna are referencing the Ninth Circuit decision that I-872 "severely burdens the Washington political parties' associational rights." by allowing the possibility that the only possible choices for a voter could be candidates from the same party, since under the "top-two" system only the two candidates with the most votes will appear on the ballot. As the Washington State Grange puts it, the issue has to do with: "..your right to choose the person, not the party, in primary elections!"

The petition for review was submitted to the US Supreme Court by the State of Washington and the Washington State Grange. Washington State Grange President Terry Hunt on the decision: "The fact the U.S. Supreme Court agreed to hear this case is a huge victory for Washington voters, who will not stand for a primary election in which they are forced to vote strictly along party lines," said Hunt. "The outrage expressed during the 2006 primary proves this, as does the 60 percent margin of victory of I-872 in 2004."
Hunt continued, "We believe the Ninth Circuit Court of Appeals made a mistake in their interpretation of Washington's top-two primary and are thrilled with the opportunity to now have that mistake corrected by the highest court in the land."

Oral arguments in front of the Court may be held in October, and with all US Supreme Court decisions, the impact can be far reaching, and have impacts for years to come, not only in Washington state, but throughout the country.