On March 9, 2010, U.S. District Court Judge John C. Coughenour issued a 10-page procedural order, generally letting the Washington Democratic, Republican, and Libertarian Parties amend their complaints, in the ongoing case against the “top-two” system that Washington has been using since 2008. Judge Coughenour did delete one part of the Republican Party’s complaint, which deals with whether top-two violates the state Constitution.
The order says, “Many of the new paragraphs at least obliquely bolster a claim for voter confusion – the substance of the as-applied challenge currently before the Court.”
Also important is footnote 2, which says that even though this Judge had ruled against the Libertarian Party’s ballot access and trademark arguments in his order of August 20, 2009, that “because of the parties’ continued ability to appeal those claims at least once, the Court would not under any circumstances require deletion of those claims from pleadings.”