Washington State Grange v. Washington State Republican Party
The citizens of the State of Washington enacted a “top-two” primary law, Initiative 872, which allows primary voters to vote for any candidate regardless of party affiliation. The top-two candidates from the primary then advance to the general election. The law also permits candidates for some offices to disclose the name of their preferred political party on the ballot. The Republican Party argues that the law violates the right of association protected by the First Amendment. Washington State Grange argues that a candidate’s personal “preference” serves only as information for the voter, while the parties retain the right to nominate and endorse their own candidates. The Court must decide whether top-two primary systems that permit candidates to disclose their party preference on the ballot, without having any formal affiliation with the political party, violate political parties’ associational rights.
Questions as Framed for the Court by the Parties
The following facts are taken from the Ninth Circuit’s opinion, 460 F.3d 1108 (9th Cir. 2006): the state of Washington employed a “blanket primary” system from 1935 until 2003. Blanket systems allow all voters, regardless of party affiliation, to vote for any candidate on the primary ballot.