On February 6, the 9th circuit heard arguments in Washington State’s appeal of the “top two” lawsuit. Last year, a US District Court had ruled that “top two” violates the First Amendment rights of association of political parties. The state appealed. However, two of the three judges seemed skeptical of the state’s case. They seemed to feel that if Washington wants to hold a “top two” primary, the state needs to convert to non-partisan elections, and keep party labels entirely off the ballot.