Washington State: "top two" primary system argued in Supreme Court
The Washington Post reports: The Supreme Court convened its new term yesterday, and the justices immediately immersed themselves in the first of several election-law challenges the court has agreed to decide in the midst of the 2008 elections.
Skeptical justices heard the state of Washington defend its unique voter-approved election system against a challenge that it unconstitutionally prevents political parties from choosing their own nominees.
Washington has a "top two" primary system, in which all candidates on the ballot state a party "preference'' and all voters may choose among them. The top two advance to the general election, even if they prefer the same party. The major political parties have challenged the system, saying it violates their First Amendment association rights.
Washington Attorney General Robert McKenna argued that the state has a right to set its own election rules, and that the party preference listed by the candidates is simply helpful information for voters, not a sign that the party endorses that candidate's views.
But several justices were doubtful. -- State of Washington Defends Its Primaries Before Supreme Court - washingtonpost.com