Top 2 Primary Voting System upheld in Supreme Court - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

Top 2 Primary Voting System upheld in Supreme Court

Posted: Updated:
October 1, 2012 -

OLYMPIA, Wash. - Washington's popular "Top Two" primary voting system has withstood another legal challenge. The U.S. Supreme Court announced Monday that it will not hear the challenge by Washington Democrats and Libertarians on the "Top Two Primary System," meaning the system has cleared its last legal hurdle.

The litigation has been under way since voters overwhelmingly approved the primary through an initiative in 2004. The open primary allows the top two candidates running for each office to advance to the general election, regardless of political party.  The state has successfully used the system since 2008, when the U.S. Supreme Court ruled 7-2 to allow it.  

Both the U.S. District Court and the 9th Circuit Court of Appeals had rejected arguments by the Democratic, Republican and Libertarian parties of Washington that their constitutional rights are violated.  The Republicans dropped out of the new challenge. Just before the deadline last April, the Democrats and Libertarians filed separate requests that the high court hear a further appeal.