Nonpartisan blanket primary
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A nonpartisan blanket primary is a primary election in which all candidates for the same elected office run against each other at once, regardless of the political party. Partisan elections are, on the other hand, segregated by political party. Nonpartisan blanket primaries are slightly different from most other elections systems with two rounds/a runoff, also known as "jungle primaries" (such as the Louisiana primary), in a few ways. The first round of a nonpartisan blanket primary is officially the "primary." Round two is the "general election." Round two must be held, even if one candidate receives a majority in the first round.
In addition, there is no separate party nomination process for candidates before the first round. Also, political parties are not allowed to whittle down the field using their internal techniques (such as party primaries or
In most cases, two winners advance to the general election, in which case it is also called a top-two primary. If more than two candidates are selected for the general election, it may be known as a top-four primary or top-five primary.[1] It is also known as a jungle primary.[2]
This system theoretically elects more
The top-two system is used for all primaries in Washington and California except presidential primaries, and Alaska began using a top-four primary system in the 2022 Alaska's at-large congressional district special election using ranked-choice voting.
The so-called Louisiana primary is similar, with a first round to pick the top two candidates and a second round to choose between these two. The difference is that the first election is the general election, whereas the second is a later "runoff" election that is held if no candidate wins more than half of the vote in the first round.
Candidate party preference and ballot disclaimer
The nonpartisan blanket primary is different from the blanket primary. They are similar in that voters can vote in the first round for a candidate from any political party. The partisan blanket primary was used in Washington for nearly 65 years[12] and briefly in California. However, the blanket primary was ruled unconstitutional in 2000 by the Supreme Court of the United States in California Democratic Party v. Jones, as it forced political parties to associate with candidates they did not endorse. The nonpartisan blanket primary disregards party preference in determining the candidates to advance to the general election, and for that reason, it was ruled facially constitutional by the Supreme Court in the 2008 decision Washington State Grange v. Washington State Republican Party.[13]
Chief Justice John Roberts concurred in the 2008 decision, stating: "If the ballot is designed in such a manner that no reasonable voter would believe that the candidates listed there are nominees or members of, or otherwise associated with, the parties the candidates claimed to 'prefer', the I–872 primary system would likely pass constitutional muster." Each candidate for partisan office can state a political party that they prefer. Ballots must feature disclaimers that a candidate's preference does not imply the candidate is nominated or endorsed by the party or that the party approves of or associates with the candidate.
Subsequent
United States
Both Washington and California implement a two-winner nonpartisan blanket primary by plurality vote.
The plan is used in
There have also been efforts in
Maryland has explored a top-two primary, erroneously naming it an open primary, such as in 2019 House Bill 26.[15] Testimony was provided by several organizations, including FairVote and Common Cause, and independent constituents, and included statements about Condorcet systems, proportional representation and single transferable vote, and concerns that a top-two rather than top-three or more primary would not supply adequate choice for voters.[16]
Florida voters rejected an amendment to adopt the top-two primary in 2020.[17]
Alaska
In the 2020 Alaska elections, voters approved Measure 2, which will replace party primaries with a single non-partisan blanket primary, a top-four primary. The top 4 candidates will advance to a general election that uses ranked-choice voting. It will be used for all state and federal elections except for the president.[18]
California
California's
Under Proposition 14, statewide and congressional candidates in California, regardless of party preference, participate in the nonpartisan blanket primary. However, a candidate must prefer the major party on the ballot that they are registered in. After the June primary election, the top two candidates advance to the November general election. That does not affect the presidential primary, local offices, or non-partisan offices such as judges and the Superintendent of Public Instruction.[20] The California Secretary of State now calls the system a "Top-Two Primary".[21]
Federal elections
The 2012 general election was the first non-special election in California to use the nonpartisan blanket primary system established by
In the 2014 general election, eight
In the 2016 general election, the
California 15th Congressional District, 2012
The 15th district is based in the
Primary election | ||||
---|---|---|---|---|
Party | Candidate | Votes | % | |
Democratic | Pete Stark (incumbent) | 39,943 | 42.1 | |
Democratic | Eric Swalwell | 34,347 | 36.0 | |
No party preference
|
Christopher "Chris" J. Pareja | 20,618 | 21.7 | |
Total votes | 94,908 | 100.0 | ||
General election | ||||
Democratic | Eric Swalwell | 120,388 | 52.1 | |
Democratic | Pete Stark (incumbent) | 110,646 | 47.9 | |
Total votes | 231,034 | 100.0 | ||
Democratic hold |
Washington (state)
Along with California and Alaska, Washington had a blanket primary system that allowed every voter to choose a candidate of any party for each position. That kind of system was ruled unconstitutional by the US Supreme Court in California Democratic Party v. Jones (2000) because it forced political parties to endorse candidates against their will.[13]
The Washington State Legislature passed a new primary system in 2004, which would have created a top-two nonpartisan blanket primary system. It provided an open primary as a backup, giving the Governor the option to choose. Although Secretary of State
Washington state implemented this Top 2 primary, starting in the 2008 election
Washington state legislature, 14th district, 2010
First Ballot, August 17, 2010[28]
Candidate | Party Preference | Support | Outcome |
Norm Johnson | Republican | 10,129 (44.26%) | Runoff |
Michele Strobel | Republican | 8,053 (35.19%) | Runoff |
Scott Brumback | Democratic | 4,702 (20.55%) | Defeated |
Second Ballot November 2, 2010[29]
Candidate | Party Preference | Support | Outcome |
Norm Johnson | Republican | 19,044 (52.5%) | Elected |
Michele Strobel | Republican | 17,229 (47.5%) | Defeated |
In this race a three-way primary led to a two-way race between two members of the same party (Republicans) in the general election. With over 20% of the population voting for the Democrat and neither Republican winning close to a majority in the primary, both of the Republican candidates had to appeal to Democrats and other voters who did not support them in the first round. For example, incumbent Norm Johnson came out in favor of same-sex civil unions, moving to the left of challenger Michele Strobel, who opposed them.[30]
Washington state legislature, 38th district, State Senate, 2010
First Ballot August 17, 2010[31]
Candidate | Party Preference | Support | Outcome |
Nick Harper | Democratic | 7,193 (35.09%) | Runoff |
Rod Rieger | Conservative | 6,713 (32.75%) | Runoff |
Jean Berkey | Democratic | 6,591 (32.16%) | Defeated |
Second Ballot November 2, 2010[32]
Candidate | Party Preference | Support | Outcome |
Nick Harper | Democratic | 22,089 (59.73%) | Elected |
Rod Rieger | Conservative | 14,892 (40.27%) | Defeated |
In this heavily Democratic district, Berkey was officially endorsed by the 38th District Democratic Party.[33] However, Democratic challenger Nick Harper bankrolled ads for the Republican candidate to "Squeeze the Middle" and prevent the moderate incumbent Berkey from running in the general election.[34][35] When Berkey placed third in the primary by a margin of 122 votes, the Moxie Media scandal ensued: the state's election watchdog committee unanimously voted to refer the case to the state Attorney General Rob McKenna, who within hours "filed suit, alleging multiple campaign-finance violations".[34] Despite the call of several former state senators to hold another election, the election results were upheld, and Berkey was prevented from running in the general election.[34][35] Harper easily won the subsequent uncompetitive runoff election.
Washington state US Senate race, 2010
First Ballot, August 17, 2010 (only top three vote-getters listed)[36]
Candidate | Party Preference | Support | Outcome |
Patty Murray | Democratic | 670,284 (46.22%) | Runoff |
Dino Rossi | Republican | 483,305 (33.33%) | Runoff |
Clint Didier | Republican | 185,034 (12.76%) | Defeated |
Second Ballot November 2, 2010[29]
Candidate | Party Preference | Support | Outcome |
Patty Murray | Democratic | 1,314,930 (52.36%) | Elected |
Dino Rossi | Republican | 1,196,164 (47.64%) | Defeated |
In this race, the three leading candidates' competition resulted in a more moderate and popular Republican facing off against the incumbent Democrat, with a relatively close general election.
Washington 4th Congressional District, 2014
The 4th district is a large and predominantly rural district in Central Washington that encompasses numerous counties and is dominated by the Tri-Cities and Yakima areas. Republican Doc Hastings, who represented the 4th district since 1995, retired.[38] The two winners of the top two primary were the Tea Party candidate Clint Didier (endorsed by Ron Paul) and Dan Newhouse, the former Director of the Washington State Department of Agriculture under Christine Gregoire and Jay Inslee and former State Representative.[39][40] In a close general election, Newhouse prevailed.
Party | Candidate | Votes | % | |
---|---|---|---|---|
Republican | Clint Didier | 33,965 | 31.81 | |
Republican | Dan Newhouse | 27,326 | 25.59 | |
Democratic | Estakio Beltran | 13,062 | 12.23 | |
Republican | Janéa Holmquist Newbry | 11,061 | 10.36 | |
Republican | George Cicotte | 6,863 | 6.43 | |
Democratic | Tony Sandoval | 6,744 | 6.32 | |
Independent
|
Richard Wright | 3,270 | 3.06 | |
Republican | Gavin Seim | 2,107 | 1.97 | |
Independent
|
Josh Ramirez | 1,496 | 1.40 | |
Republican | Glen R. Stockwell | 547 | 0.51 | |
Republican | Gordon Allen Pross | 178 | 0.17 | |
Republican | Kevin Midbust | 161 | 0.15 | |
Total votes | 106,780 | 100.0 |
Party | Candidate | Votes | % | |
---|---|---|---|---|
Republican | Dan Newhouse | 77,772 | 50.81 | |
Republican | Clint Didier | 75,307 | 49.19 | |
Total votes | 153,079 | 100.0 | ||
Republican hold |
Analysis
Though the intention is to allow multiple candidates from the majority party to advance to the second round, critics note that this can also happen to a minority party when that party runs fewer candidates than another and thus faces less
Candidate | Party Preference | Support | Outcome |
Duane Davidson | Republican | 322,374 (25.09%) | Runoff |
Michael Waite | Republican | 299,766 (23.33%) | Runoff |
Marko Liias | Democratic | 261,633 (20.36%) | Defeated |
John Paul Comerford | Democratic | 230,904 (17.97%) | Defeated |
Alec Fisken | Democratic | 170,117 (13.24%) | Defeated |
Political science professor Todd Donovan published an article in 2012 for the California Journal of Politics & Policy called "The Top Two Primary: What Can California Learn from Washington?"[44][45] Donovan was the only expert witness in favor of the top-two idea,[46] for the as applied court challenge of Top-Two. His academic paper states, "The partisan structure of Washington's legislature appears unaltered by the new primary system." Donovan concluded, "The aggregate of all this did not add up to a legislature that looked different or functioned differently from the legislature elected under a partisan primary."
In Washington, major parties originally used an alternate process of party endorsement for partisan legislative and county administrative positions.[47] This would ensure that one official party candidate will be in the primary, theoretically reducing the risk of intra-party vote-splits. However, the law does not allow nominations or endorsements by interest groups, political action committees, political parties, labor unions, editorial boards, or other private organizations to be printed on the ballot.[48]
The indication of party preference as opposed to party affiliation opens the door for candidates to misrepresent their leanings or otherwise confuse voters. In 2008, a Washington gubernatorial candidate indicated party preference as "G.O.P." instead of Republican. A public poll found that 25% of the public did not know that the two terms mean the same thing.[49]
Further research on California's 2012 jungle primaries suggests that a jungle primary does not tend to lead to large amounts of crossover votes.[50] Most voters who crossed over did so for strategic reasons. Furthermore, there is evidence that having the top two candidates from the same party could lead to a drop in voter participation in the second round. With regards to reducing political polarization, this does not seem to hold true. Due to lack of crossover votes, an extreme candidate from the majority party can still win over a moderate from the other party.[51][52][53][54] Though the intention of the system is to get a moderate from the majority party, this will not happen if there is no moderate, if the moderate lacks name recognition, or if voters are unsure of which candidate is more moderate.
See also
References
- ^ Francis, Mary (2020-12-28). "A Top-Four Primary Would Give Voters More Choices". Sightline Institute. Retrieved 2021-03-31.
- ^ Joe Klein. "California’s New Jungle Primary System". Archived May 29, 2016, at the Wayback Machine Time. 15 May 2014. Retrieved 5 November 2014.
- ^ a b Nagourney, Adam (24 May 2018). "Here's How California's 'Jungle Primary' System Works". The New York Times. Retrieved 2018-06-23.
The theory was that candidates would be forced to moderate their appeals to win a broader section of the electorate. ... leading to a November ballot between two candidates from the same party. That would happen if multiple candidates from the same party crowded the ballot, canceling each other out as they divided a finite group of voters
- ^ a b Kousser, Thad. "California's jungle primary sets up polarized governor's race for November". The Conversation. Retrieved 2018-06-23.
The idea was that by opening up primaries to all voters, regardless of party, a flood of new centrist voters would arrive. That would give moderate candidates a route to victory .. Candidates did not represent voters any better after the reforms, taking positions just as polarized as they did before the top two. We detected no shift toward the ideological middle.
- ^ a b c "The Primary: What Is It Good For?". The Center for Election Science. 2014-08-21. Retrieved 2018-06-23.
This approach aims to soften how partisan the winners are. ... support for the middle is divided among three candidates (we call this vote-splitting). Plurality's winners are largely determined not by the merit of the candidates, but rather by who else is running.
- ^ "Democratic dread: Party tries to keep California's odd election rules from denying them House". Ventura County Star. Retrieved 2018-06-23.
If too many candidates from one edge of the political spectrum enter the same race without a clear frontrunner, they risk splitting their side of the vote, canceling each other out, and handing the top two spots to the opposition party.
- ^ Rakich, Nathaniel (2018-06-05). "California's Jungle Primary Might Screw Over Both Parties". FiveThirtyEight. Retrieved 2018-06-23.
The two Republicans might get 25 percent of the vote apiece, while the Democrats each receive 5 percent.
- SSRN 2260083.
neither the Citizens Redistricting Commission nor the top-two primary immediately halted the continuing partisan polarization of California's elected lawmakers or their drift away from the average voter
- S2CID 54541384.
Two groups that were predicted by advocates to increase their participation in response to this reform—those registered with third parties or no-party-preference registrants (independents) who were not guaranteed a vote in any party's primary before the move to the top-two—also show declines in turnout
- ^ "The Unified Primary: A New Way to Conduct Nonpartisan Elections - IVN.us". IVN.us. 2014-01-03. Retrieved 2018-06-23.
- ^ "Different Types of Primary Elections". Independent Voter Project. Retrieved 2018-06-23.
- ^ "History of Blanket Primary". Washington Secretary of State. Retrieved 2012-11-09.
- ^ a b c "Archived copy" (PDF). Archived (PDF) from the original on 2010-01-07. Retrieved 2008-03-21.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ "Oregon Open Primary Initiative, Measure 90 (2014)". Ballotpedia. Retrieved December 10, 2014.
- ^ "Baltimore City: Ranked Choice Voting and Open Primaries (HB26)". Legiscan. Retrieved 2019-01-26.
- ^ "Maryland Ways and Means Committee Hearing #1, 2019". Maryland General Assembly. Retrieved 2019-01-26.
- ^ "Florida Amendment 3, Top-Two Open Primaries for State Offices Initiative (2020)". Ballotpedia. Retrieved 2020-11-17.
- ^ "Alaska Ballot Measure 2, Top-Four Ranked-Choice Voting and Campaign Finance Laws Initiative (2020)". Ballotpedia. Retrieved 2020-11-17.
- California Secretary of State. 2010-07-16. Archived from the original(PDF) on July 22, 2010. Retrieved 2010-08-21.
- ^ "Proposition 14 Analysis by the Legislative Analyst". California Statewide Direct Primary Election, Tuesday, June 8, 2010 Official Voter Information Guide. California Secretary of State. Archived from the original on November 3, 2010. Retrieved 2011-06-09.
- ^ "California's Top-Two Primary: What Voters Should Know". California Secretary of State. 2012-05-02. Retrieved 2018-05-17.
- ^ "Ballotpedia".
- ^ Washington Secretary of State. "Elections & Voting: Top 2 Primary". Retrieved 17 May 2018.
- ^ "Washington State Top 2 Primary". Archived from the original on 2010-11-03. Retrieved 2010-03-24.
- ^ Washington Secretary of State Top-Two FAQ "Top 2 Primary FAQ". Archived from the original on 2011-04-25. Retrieved 2011-07-02.
- ^ It's Called The Salmon Yoga Party: Tri City Herald (June 20, 2008) "It's called the "Salmon Yoga Party." Get it straight. - Chris Mulick's Olympia Dispatch | Tri-City Herald : Mid-Columbia news". Archived from the original on 2012-01-19. Retrieved 2011-11-22.
- ^ Republican Dino Rossi can stay "GOP' on gubernatorial ballot: Seattle Times (Sept. 27, 2008) "Politics | Republican Dino Rossi can stay "GOP' on gubernatorial ballot | Seattle Times Newspaper". Archived from the original on 2014-03-24. Retrieved 2012-11-12.
- ^ Primary election results for Washington state, 2010 Archived November 15, 2010, at the Wayback Machine
- ^ a b General election results for Washington state, 2010 Archived January 11, 2011, at the Wayback Machine
- ^ "Seattle Times Editorial: Washington's top-two primary gets voters the better choice". The Seattle Times.
- ^ Official Washington Results 2010 "August 17, 2010 Primary - Legislative". Archived from the original on 2010-11-15. Retrieved 2011-11-24.
- ^ Official Washington Results "November 2, 2010 General - Legislative". Archived from the original on 2011-01-11. Retrieved 2011-11-24.
- ^ p. 12, Line 5 (Sep 17, 2010) PLAINTIFF INTERVENORS' OPPOSITION TO STATE OF WASHINGTON'S MOTION FOR SUMMARY JUDGMENT -1CV05-0927 JCC "Archived copy" (PDF). Archived (PDF) from the original on 2016-03-04. Retrieved 2012-10-09.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ a b c The Seattle Times November 2, 2010, "Time for a do-over in the 38th Legislative District's Senate primary" "Time for a do-over in the 38th Legislative District's Senate primary". Archived from the original on 2011-01-10. Retrieved 2011-11-24.
- ^ a b The Seattle Times August 22, 2010, "State Sen. Jean Berkey asks PDC to set aside election results" "State Sen. Jean Berkey asks PDC to set aside election results". Archived from the original on 2010-10-08. Retrieved 2011-11-24.
- ^ Primary election results for Washington state, 2010 Archived August 21, 2010, at the Wayback Machine
- ^ "Tri-City Herald: Didier, Rossi primary captures national attention".
- ^ "Rep. Doc Hastings (R-Wash.) to retire". The Washington Post. February 13, 2014. Retrieved February 13, 2014.
- ^ Joel Connelly (February 17, 2014). "Clint Didier, Tea Party ally, is running for Congress". Seattle Post-Intelligencer. Retrieved February 19, 2014.
- ^ "Yakima Herald Republic | Former State AG Director Newhouse Officially Joins 4th District Race". Archived from the original on 2014-02-21. Retrieved 2018-05-17.
- ^ "August 5, 2014 Primary Results". Washington Secretary of State. Retrieved March 5, 2019.
- ^ "November 4, 2014 Primary Results". Washington Secretary of State. Retrieved March 5, 2019.
- ^ Primary election results for Washington state, 2016 Archived September 21, 2016, at the Wayback Machine
- ^ "Donovan, T., 2012. The Top Two Primary: What Can California Learn from Washington? The California Journal of Politics & Policy, 4(1), pp.1-22". Archived from the original on 2015-03-04. Retrieved 23 March 2017.
- doi:10.5070/P2959Z.
- ^ NO. CV05-0927-JCC DECLARATION OF JEFFREY T. EVEN IN SUPPORT OF STATE'S REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT (Sep. 17, 2010)
- ^ "Washington State Democratic Party". Archived from the original on October 23, 2010.
- ^ Top 2 Primary: FAQs for Candidates "Top 2 Primary: FAQs for Candidates - Elections & Voting - WA Secretary of State". Archived from the original on 2016-11-04. Retrieved 2012-03-20.
- ^ The Elway press release to news organizations was reprinted in Mapes, Jeff (2008-08-14). "Washington's current governor's race". Mapes on Politics. The Oregonian. Retrieved 2008-08-20.
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Notes
External links
- Land of a Thousand Liebermans analysis by FiveThirtyEight.com
- Will California's 'Top Two' Primary Work? The New York Times provides six views on new California primary
- Washington's top-two primary gets voters the better choice The Seattle Times editorial praising Top Two primary in Washington state 2010 elections
- Top Two primary worth considering advocating Top Two primary for Arizona
- Pros and cons of a top-two primary The Los Angeles Times presents two views on the Top Two primary
- Stop Top Two Free and Equal Elections Foundation, a coalition of independent and minority party activists opposing the Top Two primary
- Washington State Grange v. Washington State Republican Party upholding top-two primary