This editorial will appear in Sunday’s print edition.
The Democratic and Libertarian parties are taking another hard legal swing – maybe their last – at the state’s top two primary. We hope it connects.
The primary, which has nuked Washington’s smaller parties, has been upheld in principle by the U.S. Supreme Court. The remaining quarrel is over whether it violates the First Amendment right of association as it is being applied in Washington state.
Top two is popular largely because it successfully counterfeits the state’s cherished blanket primary, which was killed by federal courts a decade ago. The old primary allowed voters to pick any candidate from any party up in any contest.
Party leaders couldn’t leave well enough alone. They argued – correctly – that the system allowed Democrats to choose Republican candidates and vice versa, forcing them to accept nominees their political opponents may have helped select.
It was a slam-dunk Bill of Rights argument. But their victory in the Supreme Court led voters to adopt the top two system, a supposed replica of the blanket primary. Under top two, citizens can still vote for anyone in the state primary regardless of party. The top two candidates – only the top two – move on to the general election in November.
The high court says this passes muster, and who are we to argue? But the fact that a law is constitutional – or popular – doesn’t make it a good law.
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