Congressional Digest

Supreme Court Debates April 2008 No. 4 Vol. 11
State of Washington, Rob McKenna, and Sam Reed

Open Primaries

A Challenge to the Power of Political Parties

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State of Washington, Rob McKenna, and Sam Reed

Petitioners

James Kendrick Pharris, Counsel of Record In November 2004, the voters of Washington State adopted Initiative 872, which established a top-two qualifying primary. Under Initiative 872, all candidates for a public office have access to the primary election ballot, and the two candidates receiving the highest number of votes advance to the general election — regardless of party affiliation. In May 2005, the Washington State Republican Party filed suit against the State of Washington, Attorney General Rob McKenna, and Secretary of State Sam Reed, challenging the constitutionality of the new primary system. In July 2005, a district court issued a…

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