Washington state used a blanket primary from 1934 to 2002, and California used a blanket primary in 1998 and 2000. Under a blanket primary, all candidates appear on a single primary ballot. Then, the top vote-getter from each party appears on the November ballot. Independent candidates can be handled in a variety of ways. In California in 1998 and 2000, independent candidates didn’t run in the primary and instead petitioned to get on the November ballot. But in California special elections 1967-2010, independent candidates did run in the primary and also were automatically put on the runoff ballot if there was a runoff. In Washington’s blanket primaries, independents didn’t run in the primary 1934-1976 but they did 1978-2002, and went on the November ballot if they got 1% of the primary vote.
Both states stopped using blanket primaries because in 2000, the U.S. Supreme Court ruled they are unconstitutional, if a party objects to them. That case was California Democratic Party v Jones. States can continue to use blanket primaries if parties don’t object to them. Alaska still uses a blanket primary, in which all of Alaska’s parties except the Republican Party participate. Also California continued to use blanket primaries for special elections for ten years after the U.S. Supreme Court decision, and no one objected.
Recent federal court activity from Utah and Montana indicate that Washington and California could return to a blanket primary if the law providing for a blanket primary also said that if a party doesn’t like the blanket primary, then it is free to opt out and nominate by convention. In Utah, the legislature had passed a law requiring parties to permit independents to vote in their primaries and also to let people petition onto the primary ballot whether they had any support at a party meeting. The new law says parties that don’t permit both of these things can still nominate candidates but they won’t be given a primary. The Republican Party challenged the new law in Utah Republican Party v Herbert, 2:14cv-876, but U.S. District Court Judge David Nuffer refused to enjoin the new law and said it is probably constitutional.
In Montana, where the law originally said parties were required to elect party officers at an open primary, the Republican Party challenged the open primary. But then the legislature in 2015 passed a law saying if parties don’t want to elect party officers in the primary, they are free to elect them in party meetings instead. It seemed so obvious that the 2015 cured the constitutional problem, the Republican Party dropped its appeal in the Ninth Circuit, in its 2014 case Ravalli County Republican Central Committee v McCulloch, although parts of the case not involving party officers are still pending in U.S. District Court.
Also, Republican Party lawsuits earlier in Virginia and South Carolina against being forced to use an open primary to nominate candidates for public office failed, because in both states any party is free to nominate by convention instead of primary.
The logic of the Utah, Montana, Virginia and South Carolina cases suggests that if California and Washington required parties to use a blanket primary or to nominate by convention, such a law would be constitutional.
