Judge Rejects Top Two Primary; Politics: Ruling Restores 'Montana- Style' System Used in 2004 Election

The ColumbianJuly 17, 2005

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SEATTLE A U.S. District Court judge on Friday struck down Washington state's new "top two" primary system, approved by voters last fall, as unconstitutional, saying it infringed on the rights of political parties to pick their own nominees for office.

In a 40-page ruling, Judge Thomas Zilly said the state cannot allow voters to skip back and forth along party lines as they pick a favorite candidate for each office. Nor can it allow candidates to identify themselves by party on a ballot without that party's approval, the ruling said.

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Judge Rejects Top Two Primary; Politics: Ruling Restores 'Montana- Style' System Used in 2004 Election

State Attorney General Rob McKenna said late Friday he planned to appeal.

"We're confident that the voters of this state have a constitutional right to choose this type of primary," he said.

The state Republican, Democratic and Libertarian pa...

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