US Supreme Court Rules Against The Political Parties
In a 7 to 2 vote, and with sometimes strong language, the US Supreme Court has upheld Washington State’s Top Two Primary, known as I-872.
The citizens of Washington enjoyed the freedom to vote for the person, not the party, from 1936 to 2003. This privilege has been a fundamental part of a Washington states populist political culture that held the people, not the parties, ought to control the process of electing their leaders.
Washington Secretary of State Sam Reed said in an email that “I am thrilled to announce that the U.S. Supreme Court upheld the Top Two Primary, I-872! We plan to implement the Top Two in 2008.” Reed also took the opportunity to thank others in the state who fought to retain I-872, adding “I greatly appreciate the ongoing support of the elections community, the Grange, the Attorney General, and many legislators in this long effort to preserve greater choice for the voters.”
The two major political parties were less than pleased, as this will undermine their power and potential influence, since voters will not have to declare any party affiliation, and can vote for any candidate, regardless of the candidate’s political party preference. The Court rejected the political parties’ claims that this type of primary is unconstitutional.
Just as the voters of San Juan County were able to use a local initiative to overturn the County Council stormwater funding ordinance, the voters of Washington in 2004 voted for an initiative that created the so-called Top-Two plan, but it was blocked by court challenges. Challenges that have now in turn been blocked, stopped and struck down by the US Supreme Court.
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