Legislature 2004
House approves Louisiana-style primary

By Andrew Garber
Seattle Times Olympia bureau

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OLYMPIA — The state House, in another setback for the state's political parties, last night approved a Louisiana-style primary system that would let voters cast ballots for any candidate and would send the top two finishers to the general election.

The House, by a 51-46 vote, went for the same system that passed the state Senate last week over the objections of the parties and Gov. Gary Locke.

The House proposal adds a twist, however — requiring the state to revert to a much-different election system patterned after Montana's if the Louisiana plan doesn't pass muster in court.

Senate Majority Leader Bill Finkbeiner, R-Kirkland, said the House version has a good chance of making it through the Senate and to Locke's desk.

Republican and Democratic party officials have said they'll fight the state in court if the Louisiana-style system is adopted. They argue that it strips the parties of their constitutional right to decide who may carry a party banner. Republican Party Chairman Chris Vance said that's still true even with the bill passed by the House yesterday.

"It does not end the lawsuit," he said.

Locke, who vigorously opposed the Louisiana option, has been tight-lipped about whether he'll veto the bill. The governor won't comment until the measure hits his desk, said Roger Nyhus, Locke's spokesman. A veto would throw the divisive issue back to the Legislature and, lawmakers say, increase the prospect of chaos in the coming elections.

The Legislature must create a new primary system because U.S. courts outlawed Washington's 68-year-old blanket primary, which allowed people to vote for Democrats and Republicans on the same ballot and didn't require registration by party. The parties sued to get rid of the blanket primary.

The bill passed by the House yesterday represents an attempt by lawmakers to compromise on two competing and very different primary systems.
 
"It's the best of both worlds," said Rep. Mike Armstrong, R-Wenatchee, who helped craft the compromise. "We have to do something. We have to act."

The Louisiana-style primary is similar to the blanket primary in that voters can cast votes for any candidate, regardless of party. But instead of one candidate from each party advancing, only the two people with the most votes would appear on the November ballot.

The fallback "open primary, private choice" system used in Montana lets voters pick one party's ballot for the primary, but no record is kept of their party choice.

It's not clear how either option would stand up in court.

The Democratic and Republican parties oppose the Louisiana plan, arguing that it would circumvent the parties' rights to pick candidates. They said they'll hold nominating conventions if the Louisiana system is adopted and challenge anyone who attempts to run without party approval.

Vance said the Republican Party would ask the courts to toss out the Louisiana primary and then change the Montana plan to make the voters' ballot choices public.

Paul Berendt, chairman of the state Democratic Party, declined comment earlier in the day.

Andrew Garber: 360-943-9882 or agarber@seattletimes.com

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