What you need to know about Washington's top-two primary

Washington state's first top-two primary election will be held Tuesday. We solicited questions from readers about the new primary, and added a few of our own. Here are the answers:

Q: Why are we having a primary in August? Isn't that early?

A: The state used to have its primary in mid-September. But elections officials said they need more time between the primary and the November general election. That's especially true because mail-in ballots only have to be postmarked, not delivered, by election day. So workers were tabulating the primary votes long after election day, and then needed to quickly start getting out the general-election ballots, particularly to military personnel overseas. The state Legislature voted in 2006 to move the primary back to August.

Q: What happened to the primary we used to have?

A: For the past few years, the state has used a "pick-a-party" primary style. Under that system, voters had to choose one party's ballot and could vote only for that party's candidates in partisan races. The system was supported by the political parties, but was unpopular with voters.

Q: How did we end up with the top-two primary?

A: For decades, Washington had what's called a blanket primary, which allowed voters to vote for any candidate in the primary election, and the top Democrat and top Republican moved onto the general election ballot, along with some independent party candidates. However, the political parties didn't like this system because they said it violated their right to decide who runs for office under their labels. So they sued.

In 2000, the U.S. Supreme Court ruled a similar primary system in California was unconstitutional and, in 2003, the 9th Circuit U.S. Court of Appeals ruled the blanket primary was unconstitutional. In 2004, the Washington State Grange put Initiative 872 on the ballot, calling for a top-two primary. It passed overwhelmingly.

Q: If the initiative passed in 2004, why is this the first year it is being implemented?

A: The political parties, which sued to get rid of the blanket primary, also sued to block the top-two primary. In 2005 and 2006 federal courts ruled the top two violated the parties' First Amendment right of free association by allowing candidates to specify which political parties they "prefer" without necessarily being party members. That's when the start started using the "pick-a-party" primary system, which required separate party ballots for voters.

The U.S. Supreme Court in March upheld the top-two primary, which opened the door to the state to use it for the first time this month.

Q: What do the parties think about this?

A: They're not happy and have vowed to keep fighting it.

Q: Does this mean I can vote for Republican John McCain for president, but Democrat Christine Gregoire for governor?

A: No. The presidential race will not be on the primary ballot. We had a presidential-primary election and Democratic and Republican caucuses last February.

Q: With the new primary, could we see two Democrats or two Republicans running against each other in November?

A: That's very likely, particularly in areas such as Seattle, which votes heavily for Democrats, and some Eastern Washington districts that strongly favor Republicans.

Q: How will third-party candidates fare under the new primary?

A: In theory, third-party candidates have the same chance as anyone else to make the November ballot. But in practice, it will be difficult for those candidates to advance. In legislative races, only one Libertarian and one Green Party candidate are expected to make it to the general election because they're in two-person primary races. The top-two primary doesn't affect the presidential race. Six minor-party presidential candidates have qualified to appear on the November ballot by submitting 1,000 voter signatures.

Q: Which offices are affected by the new primary?

A: All partisan offices are affected. It doesn't affect nonpartisan positions, such as the superintendent of public instruction and judicial races. In the primary, if a candidate in a nonpartisan race gets more than 50 percent of the vote, the race is over.

Q: Can I still write in a candidate?

A: Yes. There will still be a line on the ballot for write-in candidates.

Q: Why does the ballot say "prefers" Democrat or "prefers" Republican?

A: The top-two primary allows a candidate to self-describe his or her party preference. But those descriptions aren't meant to suggest the candidate has the party's blessing.

Parties are free to nominate or endorse their favored candidates, but that information isn't included on the ballot. It may, however, be used in campaigns and in voters pamphlets.

Q: What is the difference between Dino Rossi's "prefers G.O.P. Party" and John W. Aiken Jr.'s "prefers Republican Party"? Can candidates use any party description they want?

A: Candidates have up to 16 characters to say which party they prefer. Some Republicans, such as gubernatorial candidate Rossi, have chosen to use "GOP" instead of "Republican." Others are more creative. One candidate said he prefers "Salmon Yoga Party." Candidates also may list no party preference.

Q: Does any other state use a top-two primary?

A: Our new system is similar to Louisiana's primary. But there are two big differences: Louisiana requires party registration, which Washington doesn't; and in Louisiana, if a candidate gets more than 50 percent of the vote in the primary — even in partisan races — he or she wins the seat and there is no general-election runoff.

Q: In races where only one or two candidates file, will those candidates skip the primary and appear only on the general-election ballot?

A: No. Even in races where only one or two candidates file for a partisan office, the race will still appear in the primary election.

Q: What happens if a candidate for partisan office is one of the top two vote-getters in the primary but dies or is disqualified before the general election? Will the party be allowed to name a replacement?

A: No. In the top-two primary, a candidate's party preference is purely for informational purposes and a party is not allowed to name a replacement candidate. The law that previously allowed the political parties to replace deceased or disqualified candidates was repealed by the initiative that established the new primary.

Susan Gilmore: 206-464-2054 or sgilmore@seattletimes.com