On August 25, the Washington state Democratic, Republican, and Libertarian Parties filed their rebuttal briefs in Washington State Republican Party v Washington State Grange, 11-35125. All the briefs are now in. The 9th circuit will probably hold an oral argument in this case in the next few months. This is the lawsuit, originally filed in 2005, that challenges the top-two system in Washington state. The case has been up to the U.S. Supreme Court and back down again.
Here is the Republican brief; here is the Democratic brief; here is the Libertarian brief.
ANY *disputed* *facts* in the case ???
What are the alleged *legal* points in dispute ???
— one more waste of time to have an oral argument — due to the written briefs ??? Duh.
I agree with the Libertarian brief that many voters don’t understand the concept of voter preference. I found this out during my Prefers Grange Party protest candidacy.
“Prefers Party” is a complicated legal concept for many. Here’s an example with a comment regarding my candidacy from the Grays RIver Grange blog:
“Excellent! I am a little d democrat and former chair of the 26th Legislative District Democrats who is considering a move to Wahkiakum County. My family was involved in the Grange Movement in the late 1800’s in Eastern WA. I’m pleased to know there is at least one activist with similar politics.”
This person thought there was a Grange Party. This group does not run candidates and explicitly stays away from things like endorsements. Therefore, as the comment shows, The State allowed me to change the message of the Grange.
But SCOTUS was also explicit with its prescription regarding with the “Prefers Party” and the disclaimer on the ballot.
Like the State and Grange are saying it’s assumed that reasonable voters will understand the legalese on the ballot. So too bad for those voters who don’t.
How many nominal Donkeys and Elephants are actually Ds or Rs — i.e. pick a party hack label ONLY because of the local gerrymander math.
NO primaries are needed.
P.R. and App.V. — the Anti-Democracy gerrymander CRISIS is N-O-W.