{"id":1965,"date":"2020-07-30T12:00:57","date_gmt":"2020-07-30T16:00:57","guid":{"rendered":"https:\/\/connect.apsanet.org\/raisethevote\/?p=1965"},"modified":"2020-07-30T12:32:55","modified_gmt":"2020-07-30T16:32:55","slug":"you-too-can-do-the-top-two-primary-elections-in-washington-state","status":"publish","type":"post","link":"https:\/\/connect.apsanet.org\/raisethevote\/2020\/07\/30\/you-too-can-do-the-top-two-primary-elections-in-washington-state\/","title":{"rendered":"You Too Can Do the Top Two: Primary Elections in Washington State"},"content":{"rendered":"

\"\"By T.M. Sell<\/strong><\/p>\n

Washington state voters will whittle down a busload of candidates for statewide and legislative elections beginning this month, and this process will look different from many other states due to Washington\u2019s top-two primary. In this system, the top two candidates by vote move on to the general election, regardless of party. Unpopular with parties, the system is nonetheless very popular with voters, and has been upheld by the courts. Moreover, anyone in the state who tells you they\u2019re a \u201cregistered Republican (or Democrat)\u201d is either lying or confused: voters in Washington state do not register by party. Either way, the state\u2019s voters face a very interesting election season.<\/p>\n

The top two primary evolved out of some longstanding tradition in Washington state\u2019s elections. In 1934, voters approved a blanket primary, in which voters could cross over from one party to another on the same ballot \u2013 a Republican in one race, a Democrat in the next. The top Republican, the top Democrat and any independent candidates who got more than 1% of the vote advanced to the general election.<\/p>\n

The parties didn’t like the blanket primary. They argued that voters from the other party could \u201ccross over\u201d and nominate someone who was less electable in the general election\u2014though there isn\u2019t much evidence that this has ever happened.\u00a0Moreover, parties would prefer that all voters\u00a0have to\u00a0register to vote by party (the norm in many states), meaning only real Republicans or definite Democrats could choose the party\u2019s nominee.<\/p>\n

California adopted a blanket primary in 1996; California parties\u00a0sued\u00a0and the US Supreme Court ruled in 2004 that it violated the US Constitution’s right of free association, forcing the parties to represent candidates with whom they had no real association. Washington state’s parties, despite Washington voters’ overwhelming preference for the blanket primary, said they would challenge Washington\u2019s blanket primary as well.\u00a0They did, and eventually the courts also threw it out.<\/p>\n

This year Washington voters will sort through 706 candidates who have filed for 347 offices. In a number of seats, incumbents are unopposed, but in others a scorecard wouldn\u2019t help you keep track of who\u2019s who on the ballot.<\/p><\/blockquote>\n

For several years thereafter, Washington voters and the legislature attempted to restore a version of the blanket primary, this time in the form of the top-two system. The governor vetoed one law and the courts threw out another. For a while, Washington had a \u201cMontana-style\u201d or \u201cpick-a-party\u201d primary, wherein, on election day, voters chose whether they would vote in the Republican or the Democrat primary for that election.<\/p>\n

Then in 2007, the US Supreme Court ruled that we could in fact have a top-two primary. The Washington State Grange, sponsors of the original 1934 measure, pushed through an initiative for the top-two primary, which the US Supreme Court found constitutional in 2008.\u00a0The system, they said, had to make clear that whoever was on the ballot wasn\u2019t necessarily endorsed by a\u00a0particular party.\u00a0Consequently, primary election candidates list \u201cprefers Democratic Party\u201d or \u201cprefers Republican Party\u201d in the state voters\u2019 pamphlet.\u00a0The candidates sometimes get a bit creative with their party identification, including \u201cindependent Republican,\u201d \u201cTrump Republican,\u201d and the not uncommon \u201cGOP Party.\u201d\u00a0GOP stands for Grand Old Party, a post-Civil War nickname for the Republicans. So, such candidates are saying they prefer the Grand Old Party\u00a0Party.<\/p>\n

Washington\u2019s major political parties still don’t like this system,\u00a0despite the fact that\u00a076% of Washington voters continue to favor the top-two system. Parties\u00a0say it robs voters of choice, because in some districts there may not be a Republican or a Democrat on the November ballot for a particular seat.\u00a0While that is sometimes true, in those districts, in the past, the choice may not have been meaningful \u2013 voters could choose between the candidate from the dominant party in that district or the underfunded candidate from the minority party who had no chance of winning. Despite worries that the top two primary could have some negative impact on the kinds of candidates seeking office, research shows that the type of primary appears to have little effect on who runs.<\/p>\n

The parties’ final complaint, that candidates could run as Republicans or Democrats when they really aren’t, has always been true. However, it\u2019s very hard on third parties, such as the Libertarians, who find it difficult to survive the primary vote and make it on the general election ballot.\u00a0The only time you see a Libertarian on the general election ballot is when either a Republican or a Democrat didn\u2019t file for the office.<\/p>\n

This year Washington voters will sort through 706 candidates who have filed for 347 offices. In a number of seats, incumbents are unopposed, but in others a scorecard wouldn\u2019t help you keep track of who\u2019s who on the ballot. Normally, a candidate must put up a filing fee equal to 1% of the office\u2019s first-year salary. Failing that, you can submit signatures of registered voters equal to that number. But with COVID-19 restrictions in place, plus the general fear of infection, Gov. Jay Inslee waived the signature requirement for filing. The result is 36 people running for governor, including Inslee. In a strongly Democratic state \u2013 Washington hasn\u2019t sent a Republican to the governor\u2019s mansion since 1980 \u2013 and in what\u2019s expected to be a down year for Republicans in general, Inslee doesn\u2019t appear to face any significant challengers. The two-term incumbent has raised six times more money than his closest competitor.<\/p>\n

The interesting part of the election might be the race for lieutenant governor, which has 11 candidates, at least five of whom appear to be seriously campaigning and raising money. Usually this position is a political afterthought. The lieutenant governor has few real duties. She or he presides over the state Senate; fills in when the governor is away; and succeeds the governor if she or he leaves office. And that\u2019s where this gets interesting: If Joe Biden is elected president, Inslee \u2013 who briefly ran for president and has been leading advocate for doing something about climate change \u2013 is assumed to be in the running for a cabinet post. So, whoever is the lieutenant governor will then become governor. This means, in effect, we have 47 people running for governor.<\/p>\n

The other interesting wrinkle in Washington elections is the coronavirus. Washington state votes exclusively by mail via postage-paid envelopes, so turnout shouldn\u2019t be affected (and this system has generally increased turnout). Coronavirus fears, however, are putting a damper on doorbelling — walking neighborhoods, knocking on doors and meeting voters face-to-face. This is the standard tactic for anyone serious about winning a state legislative seat, particularly in the state\u2019s many urban\/suburban districts. That may put more emphasis on fundraising and direct-mail campaigns as candidates seek to woo the voters. Many candidates are attempting to hold virtual events via online videoconferencing platforms such as Zoom.<\/p>\n

So, this year, Washington primary voters will face long ballots with little opportunity to meet candidates face-to-face. Given how many are still stuck at home because of the virus, reading about the candidates might be a welcome diversion.<\/p>\n

\n

T.M. Sell is a guest contributor for the RAISE the Vote Campaign. The views expressed in the posts and articles featured in the RAISE the Vote campaign are those of the authors and contributors alone and do not represent the views of APSA.<\/em><\/p>\n

T.M. Sell<\/strong> is professor of political economy and head of the Journalism program at Highline College in Des Moines, Wash. He is past president of the Pacific Northwest Political Science Association, and author of An Introduction to Politics.<\/em><\/p>\n

Join the Campaign<\/a><\/p><\/blockquote>\n