Locke to have final say on primary system

By Andrew Garber
Seattle Times Olympia bureau

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OLYMPIA — It's now up to Gov. Gary Locke to decide what kind of primary system voters will use this fall. No matter what choice he makes, a political uproar and lawsuits seem sure to follow.

The state Senate yesterday, by a 36-12 vote, gave final approval to a Louisiana-style primary that would let voters cast ballots for any candidate and would send the top two finishers to the general election. The measure, already passed by the House, also requires the state to revert to a much-different primary patterned after Montana's if the first plan fails to hold up in court.

However, lawmakers say, Locke has the ability to veto the Louisiana-style system and opt for the Montana version, which would let voters pick one party's ballot for the primary, but with no record kept of their party choice. Locke supports the Montana option.

The governor isn't saying what he'll do. But backers of the Louisiana model are worried.

"I hope (the legislation) is not turned on its head by a veto by the governor," said Senate Majority Leader Bill Finkbeiner, R-Kirkland.

House Majority Leader Lynn Kessler, D-Hoquiam, agreed. "It's a bit of a gamble," Kessler said, but "a majority of the senators and representatives voted for this. We are voting for the people, and that should be good enough."

Locke also could veto the entire bill, but leaders in the House and Senate doubt the governor would do so.

The Legislature must create a new primary system because U.S. courts outlawed the state's 68-year-old blanket primary. That system allowed people to vote for any candidate, Democratic or Republican, on the same ballot and didn't require registration by party.

The state's parties sued to get rid of the blanket primary, arguing, in part, that it let voters hurt the party they opposed by voting for a weak candidate in that party.

The Louisiana-style primary is similar to the blanket primary in that voters still could vote for anyone they want, 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.
 
Republican and Democratic party officials have said they'll fight the state in court if the Louisiana-style system is adopted because it strips the parties of their constitutional right to decide who may carry a party banner.

Party officials have said they consider the Montana primary to be a better option, but even that approach is likely to be challenged in court.

Sen. Jeanne Kohl-Welles, D-Seattle, argued against the Senate passing the legislation yesterday, saying, "We will regret the day this gets put in place."

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

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