State-primary case in high court today

By Andrew Garber
Seattle Times Olympia bureau

E-mail this article Print this article Search archive Most e-mailed articles

Depending on the outcome, there could be a Montana-style primary requiring voters to choose one party's ballot before they vote; or a "Top Two" primary in which voters may vote for any party's candidate and the top two vote-getters advance to the general election.

Another possibility is a "jungle general," in which every candidate who files for office gets on the November general-election ballot.

"If you flipped a coin, I couldn't tell you how this is going to turn out," said Steve Excell, assistant secretary of state.

The state Legislature this year adopted the "Top Two" primary, otherwise known as the Louisiana-style system, after the state's 70-year-old blanket primary was overturned in federal court.

But Gov. Gary Locke used his veto to delete references to the Louisiana system in the legislation and put in place the Montana primary, which the state parties prefer. The Montana system lets voters participate in only one party's primary, though they may choose which one.

The Washington State Grange sued to overturn Locke's veto and put the Top Two system in place. In addition, the Grange, a farm-based organization with about 300 local chapters in Washington, is pursuing Initiative 872, a ballot measure to create the "Top Two" system.

The group argues, in part, that Locke's veto is unconstitutional because the primary system left by Locke's veto doesn't match the title of the bill.

Attorneys representing different sides in the case see three possible outcomes: The court upholds Locke's veto and keeps the Montana system; or it overturns the veto and puts the Top Two primary in place; or it throws out the law entirely. In the latter case, it's not clear what would happen. Some officials see the prospect of a jungle general, while others think a different primary would emerge.

The Democratic and Republican parties say they'll nominate their own candidates if the Top Two system or a jungle general emerges.

In the meantime, county election officials are gearing up for a Montana primary, as required by state law.
 
"It's such a big thing to plan for, we've got no choice," said Bill Huennekens, King County's election superintendent. "We'd be derelict in our duty if we didn't prepare for what's law right now."

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