On March 5, the Washington state legislature gave final approval to HB 1860, which sets out procedures by which major parties can continue to elect Precinct Committee Officers. The old procedure had been held unconstitutional last year, on Freedom of Association grounds, because the old system provided that all voters at the general election participate in such internal party elections.
The new procedure puts these elections on the primary ballot. The primary ballot explains that anyone who votes in these elections is, by his or her vote, affiliating with the major party. Any voter who votes for both a Democratic candidate for Precinct Committee Officer, and a Republican candidate for Precinct Committee Officer, has cast an invalid vote that is not counted.
The bill is flawed because it assumes that the Democratic and Republican Parties will forever be qualified parties. It names those two particular parties. A better-drafted bill would not have done that. The last time a party other than the Democratic and Republican Parties met the state’s new definition of qualified party (one that polled at least 5% for President), was in 1996, when the Reform Party met that definition.