Washington State Grange

February 26, 2007

Grange excited about Supreme Court hearing on Initiative 872

Washington State Grange President Terry Hunt today applauded the decision by the United States Supreme Court to hear the Grange’s appeal of a lower court ruling that invalidated Initiative 872. I-872, sponsored by the Grange and enacted into law by the voters in 2004, created a “top-two” style primary that would have replaced the closed party primary created by the state Legislature earlier that year.

“We have always believed that Initiative 872 was consistent with the U. S. Supreme Court ruling in 2000 that allows such top-two primaries,” Hunt said.

The partisan blanket primary used in Washington between 1935 and 2003 resulted in one Republican and one Democrat being selected to appear as each party’s nominee on the November ballot. The federal courts ruled that this violated the political parties’ rights of association under the U. S. Constitution.

“Under Initiative 872, the voters would not be selecting party ‘nominees’,” said State Grange Legislative Director Don Whiting. “This would not be a nominating primary, because the top two vote-getters, regardless of any personal party preference, would move on to the general election ballot in November.”

Briefs are due in 45 days and the case will likely be heard by the U.S. Supreme Court in October.

“The fact the U.S. Supreme Court agreed to hear this case is a huge victory for Washington voters, who will not stand for a primary election in which they are forced to vote strictly along party lines,” said Hunt. “The outrage expressed during the 2006 primary proves this, as does the 60 percent margin of victory of I-872 in 2004.”

Hunt continued, “We believe the Ninth Circuit Court of Appeals made a mistake in their interpretation of Washington’s top-two primary and are thrilled with the opportunity to now have that mistake corrected by the highest court in the land.”