Washington State Republican Party, et al. v. Washington State Grange, et al.

This case concerned the Washington State Grange's proposed People's Choice Initiative of 2004, or Initiative 872. I-872 created a "top two" primary in which the primary served as a means of winnowing the candidates to two rather than selecting party nominees. At issue was whether the State of Washington had designed its election ballots in a manner that eliminated the risk of widespread voter confusion, a question left unresolved in Washington State Grange v. Washington State Republican Party. The court held that the state had done so. The ballots, and related informational material, informed voters that, although each candidate for partisan office could specify a political party that he or she preferred, a candidate's preference did not imply that the candidate was nominated or endorsed by the party, or that the party approved of or associated with that candidate. Given the design of the ballot, and in the absence of evidence of actual voter confusion, the court held that Washington's top primary system, as implemented by the state, did not violate the First Amendment associational rights of the state's political parties. The court also affirmed the district court's dismissal of plaintiffs' ballot access and trademark claims. The court reversed the district court's order granting the state's request for reimbursement of attorney's fees paid in accordance with a 2006 stipulation. View "Washington State Republican Party, et al. v. Washington State Grange, et al." on Justia Law