Appeals court refuses to reinstate 'top-two' primary in Washington

[TechBear_Seattle]

Appeals court refuses to reinstate 'top-two' primary in Washington
By GENE JOHNSON
AP LEGAL AFFAIRS WRITER

SEATTLE -- A three-judge panel of the 9th Circuit U.S. Court of Appeals refused to reinstate Washington's "top-two" primary system, ruling Tuesday that it infringes on the rights of political parties to choose their own nominees.

The top-two system was ruled unconstitutional last summer - before it was ever used - by U.S. District Judge Thomas Zilly. The state attorney general's office and the Washington State Grange, which promoted the system, asked the appeals judges to overturn that decision.

Voters approved the top-two primary as Initiative 872 in 2004, a year after the state's nearly 70-year-old "blanket primary" was struck down. Like the blanket primary, the top-two system allowed voters to pick their favorite candidates for each office, regardless of party. But instead of the top Republican, Democratic and third-party candidates advancing, the top two vote-getters advance - even if they're both Republicans or both Democrats.

The trouble with the system is that it allows candidates to list their "party preference" on the ballot, without any input from the Republicans, Democrats or others about whether they want to be associated with those candidates, the appeals court said.

The article continues at http://seattlepi.nwsource.com/local/6420AP_WA_Primary_Lawsuit.html

If the parties have the sole right to pick their own candidates, could someone please explain why they should be entitled to public money for their private beauty contests?