On July 15, U.S. District Court Judge Thomas Zilly declared that the Washington state “top-two” system is unconstitutional. Washington State Republican Party v Logan, 05-927-Z. The decision is a victory for the state’s Democratic, Republican and Libertarian Parties. The state said it would appeal to the 9th circuit. Assuming Judge Zilly’s ruling stands, this year’s partisan elections will be conducted using an open primary, such as the primaries used in states like Michigan, Wisconsin, Minnesota, Idaho and Montana, and most southern states. Washington state does not have partisan registration.
Read the decision here.
This is not correct. Judge Zilly signed a preliminary order which struck down the top-two primary, pending only his signature on the final order, being prepared by the winning parties. This is not a temporary injunction, and there will be no further hearing at the District Court level.