Top-two primary best for Washington

On Monday, the people of Washington will make their case to the United States Supreme Court, arguing for the freedom to vote for any candidate on the primary ballot. The court should protect this important voting right by overturning a 9th U.S. Circuit Court of Appeals decision and reinstating Washington's popular "top-two" primary.

The "top-two" is a wide-open primary that allows only the top two vote-getters to advance to the general election, regardless of party. The people approved a top-two primary in 2004 by passing Initiative 872. But one year later, federal courts invalidated the initiative, resulting in a more-restrictive primary.

The Supreme Court has agreed to review the case. On my behalf, Attorney General Rob McKenna will argue for the top-two to be reinstated in State of Washington, et al. v. Washington State Republican Party, et al.

The top-two primary is a good fit for Washington for three reasons: It is constitutional; it represents the will of the people; and it protects the First Amendment rights of candidates.

First, the top-two primary is constitutional. The initiative includes the requirements for an open primary that were specifically spelled out in a previous United States Supreme Court ruling. In California Democratic Party v. Jones, the court commented that, in order to be constitutional, the top-two primary must serve as a qualifying election for candidates, rather than a nominating election for the political parties. Under I-872, the top-two does exactly that by allowing only the two-most-popular candidates to advance to the November ballot regardless of their political-party affiliation. The purpose of the primary is no longer to nominate the one candidate from each party who represents that party in the general election.

Second, the top-two primary reflects the will of the people. Voters passed I-872 by a 60-40 margin three years ago. When the appeals court invalidated the initiative and tossed out the top-two primary, it instructed Washington to revert to the restrictive pick-a-party primary, triggering widespread discontent that continues to this day.

In a survey conducted by Elway Research, Inc., 79 percent of voters responded that they do not want to be limited to candidates of just one political party. Voters have been absolutely clear: On the primary ballot, they want the freedom to select the best person for the job.

Third, the top-two primary protects the First Amendment rights of candidates. Candidates have the right to decide for themselves whether they prefer the beliefs of a particular political party. The Washington state Republican and Democratic parties both argue that only they can make such a determination.

The political parties should not be permitted to control access to the ballot by prescreening candidates. In a top-two primary, the party labels that appear next to candidate names only represent the preferences of those running for office and say nothing of political-party membership. The major political parties may freely endorse and support their own nominees in the primary.

Throughout my two terms of service as secretary of state, I have fought for an open primary that allows people to vote for the person, not the political party. At every level, democracy must ultimately be controlled and embraced by the people it serves. Reinstating the top-two primary is best for the voters of Washington and their cherished independence.