Washington state candidates for all partisan office except president may obtain official forms to run in the August primary, starting on May 12 (Monday). Under “top-two”, no candidate (except presidential candidates) needs any petition. The filing fee is the only ballot access barrier to the August primary. It is important that as many minor party members as possible file for public office this year, especially for Congress. The existence of minor party candidates for Congress will make it possible to gather valuable evidence for any new lawsuit filed against “top-two” (as used in congressional elections), in 2009.
Although the U.S. Supreme Court upheld “top-two” last month, it only upheld it against the claim that “top-two” violates the associational rights of political parties, and even on that point, it only upheld it on its face, not as applied.
No court has yet adjudicated the claim that “top-two” is invalid in congressional elections, on ballot access grounds. Federal law sets congressional elections in November. U.S. Supreme Court jurisprudence has established that ballot access directly to the election itself cannot be denied to candidates who meet the constitutional qualifications to be a member of Congress, and who have a modicum of support, and who are not sabotaging their own party. In 1986 the U.S. Supreme Court said states can use a preliminary screening election to pare down the number of candidates on the November ballot, and that preliminary screening elections are analogous to petitions. But petitions cannot exceed 5% of the electorate.