Washington State Grange

Grange appeal of 872 decision receives docket number

The Washington State Grange's appeal of a federal court decision overturning the top-two primary enacted by the passage of I-872 in 2004 was docketed Nov. 22 with the U.S. Supreme Court.

The case, Washington State Grange v. Washington State Republican Party, et al, was assigned a case number of 05-35774. The state's appeal was docketed soon after and assigned a case number of 05-35780.

The political parties were told by the court to have their response to the Grange's petition for writ of certiorari Dec. 22. Their response to the state's writ is due Dec. 27.

Grange attorney Tom Ahearne and State Grange President Terry Hunt remain confident that, if the case is heard, the court will see the top-two primary described in Initiative 872 will be upheld, and Washington voters will once again be able to choose the best person to represent them in the primary election.

"Again, we drafted the initiative to create a primary that would pass every Constitutional provision set in the California ‘Jones' case that spelled doom for the blanket primary," said Hunt. "We are hopeful the court will follow the will of this state's voters and put the system back into place they overwhelmingly approved in 2004."

Meanwhile, Don Whiting and others are working on legislation that follows the lower court's decision. This bill would restore a top-two primary, with a twist: party designation of any kind would be removed from the primary and general election ballots.

"It is important to remember that just because party designations are not available on the ballot, it in no way keeps the parties from promoting their own select candidates during the election, or in forming groups such as caucuses within the legislature," said Hunt. "It simply would remove the designation from the ballot."

Hunt, Whiting and others have met with the governor and others to discuss this legislation over the past several months, and will continue to push the bill when the legislative session begins early next year.