9th Circuit Sets Guidelines for Further Challenge to Washington State "Top-Two" Election System

On October 2, the 9th circuit issued an order in Washington State Republican Party v State, 05-35774. The U.S. District Court is directed to “allow the parties to further develop the record with respect to the claim that Initiative 872 unconstitutionally constrains access to the ballot and appropriates the political parties’ trademarks, to the extent these claims have not been waived or disposed of by the Supreme Court.” Thanks to Richard Shepard for this news.


Comments

9th Circuit Sets Guidelines for Further Challenge to Washington State "Top-Two" Election System — 6 Comments

  1. How are the party hacks hurt by the EQUAL ballot access stuff in WA State ???

    I, a candidate, prefer ABC / XYZ Party
    I, a candidate, also prefer D,E,F,T,U,V and W products.

    How are the parties or products magically hurt by any preference ???

    When will the MORON courts END the madness by the ever scheming party hacks ?

    NO primaries are needed.
    P.R. and A.V.

  2. It hurts not only parties, but voters. It kills their range of choices in the general election, and it makes it impossible for any minority viewpoint party to get representation in the general election in many parts of the state. In a number of races, voters will only be able to choose between two candidates of the same party. No thanks.

    It also makes it damn near impossible for third parties to appear on the general election ballot for any state office, and even harder to win major party status.

    As much as the old system sucked, it was better than the current one.

    In too many races, I don’t feel like I can vote for either of my “top two” options.

    I want choice back.

  3. “Equal” does NOT mean “Free.”

    This is why a system that treats all candidates equally does not mean that we have free elections and it does not make for a good electoral system.

    Yes, we should strive to treat all candidates equally. This can be done as in Wisconsin where all candidates for every office (other than President) needs exactly the same number of valid signatures to be nominated. Old parties, new parties, big and small, and independents all need the same number of signatures.

    (There is an exception allowing qualified parties to place their candidate for President on the ballot with no signatures. This is still a non equal element. However, permanent ballot status is not too difficult in Wisonsin.)

  4. The Washington system is essentially a form of two candidate communism.

    It must be defeated either in court or through legislative repeal.

  5. Democracy = Majority Rule, direct or indirect, nothing more and nothing less.

    Limited Democracy = A regime having a constitution with legislative limits – aka things like a Bill of Rights and separation of powers.

    ALL 50 State legislatures and the U.S.A. Congress are all corrupt and evil minority rule gerrymander regimes since day 1 — 1776 States / 1789 U.S.A.

    Half the votes in half the gerrymander areas is about 25 percent minority rule (UNCHANGED by the WA top 2 primary).

    Much worse in U.S.A. Senate due to many small States.

    Much, much worse due to primary math (only slightly better in WA due to top 2 primary – after a few elections happen).

    No primaries are needed.

    Equal general election ballot access by equal nominating petitions.

    P.R. legislative bodies

    A.V. nonpartisan executive/judicial offices.

    — pending major education about head to head math.

  6. Demo Rep:

    All election systems are flawed in some way, even PR & AV. But that is beside the point.

    You can advocate elimination of the primary all you want, but until it is eliminated there is still the problem of dealing with what you have. However bad primaries are, the Top Two is probably the worst. So, while you argue for PR and AV from the gallery, I am at the bar, trying to convince a judge a forced choice general election is unconstitutional.

    A one trick pony will only get you so far.

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