Justices Side With Parties, Reject Blanket Primaries

This may be the last year to be an independent during Washington’s state primary election.

The U.S. Supreme Court on Monday struck down California’s blanket primary, which is similar to primaries in Washington and Alaska. The justices, in a 7-2 ruling, said primaries in which voters do not declare a political affiliation violate the parties’ rights to choose their own candidates for general elections.

Ralph Munro, Washington’s secretary of state, said in a statement that he was “deeply disappointed” in the ruling.

“We intend to conduct this year’s primary without any changes, in accordance to state law,” because many counties already have ordered their ballots, Munro said. That election is Sept. 19.

“Trying to make changes in the primary at this stage would be an administrative nightmare,” he said. “It would be hugely expensive and it would be extremely disruptive and confusing to voters.”

Munro said his staff will review the court decision and suggest changes to the 2001 Legislature.

Washington in 1935 became the first state to adopt a blanket primary in which any registered voter can cast ballots for any candidates. For instance, a primary voter this year could cast ballots for Republican George Nethercutt to serve in the U.S. House of Representatives and Democrat Al Gore for president.

In most states, citizens must register as a party member - Republican, Democrat, Green or Libertarian might be among the choices - either when they register to vote or on election day. Then, for the primary, each voter would get a ballot showing only that voter’s party candidates.

Washington Democratic and Republican party officials long have complained that only their members should decide who survives the primary. They contend the blanket primary is easy to abuse: A pack of Democrats could vote for a weak Republican - or vice versa - to give their party a boost during the general election.

Ken Pelo, Spokane County Democratic Party chairman, said he knows of no instances where such abuse has occurred in Washington. Still, he said, he supports the Supreme Court decision.

“I don’t like a primary where you have people who might cross over,” Pelo said. “It tends not to be very accurate choices that are made.

“People have the opportunity to cross over in the general election. But the primary is the party’s election, to choose their very best candidate.”

However, Gov. Gary Locke said dropping the blanket primary would fly in the face of Washington’s “tradition of fierce independence.”

“I would call on both Democrats and Republicans to meet and discuss ways that independent voters can participate fully in our primary process,” Locke, a Democrat, said in a statement. “Now is the time to look at a more inclusive mechanism in our primaries.”

California voters adopted the blanket primary system in 1996, under state Proposition 198. It was challenged by the Republican, Democratic, Libertarian, and Peace and Freedom parties.

Writing for the majority, Justice Antonin Scalia said California was “forcing political parties to associate with those who do not share their beliefs. And it has done this at the crucial juncture at which party members traditionally find their collective voice and select their spokesman.”

That places a “severe and unnecessary” burden on the parties, Scalia wrote.

Scalia said states could hold a nonpartisan blanket primary, in which voters can choose any candidate regardless of affiliation, and the top two vote-getters move on to the general election. Louisiana is the only state with a primary similar to what he described.

Under such a voting plan, Scalia said, “primary voters are not choosing a party’s nominee” and therefore political parties’ constitutional rights of free association are not harmed.

Twenty states have open primaries that let voters choose on election day which party’s primary they will vote in. Voters can select among that party’s candidates only.

Thirteen states have closed primaries that allow only party members to vote in each party’s primary. Another 13 states have closed primaries but also let independent voters cast ballots in at least one party’s primary.