From Ballotpedia A top-two primary is a type of primary election in which all candidates are listed on the same primary ballot. The top two vote-getters, regardless of their partisan affiliations, advance to the general election. Consequently, it is possible for two candidates belonging to the same political party to win in a top-two primary and face off in the general election.[1][2] HIGHLIGHTS For information about which offices are nominated via primary election, see this article. A top-two primary should not be confused with a blanket primary. In a blanket primary, voters choose one candidate per office regardless of the candidate's partisan affiliation. The top vote-getter from each party participating in the primary then advances to the general election.[3][4] UsageIn 2004, Washington became the first state to adopt a top-two primary system for congressional and state-level elections. California followed suit in 2010. In Nebraska, a top-two primary system is utilized for state legislative elections. Because Nebraska's state legislature is nonpartisan, partisan affiliation labels are not listed alongside the names of state legislative candidates. In 2020, Alaska voters approved a ballot initiative establishing a top-four primary for state executive, state legislative, and congressional elections. The initiative also established ranked-choice voting for general elections for the aforementioned offices and the presidency. The map below identifies states that utilize top-two primary elections. Hover over a state for additional details.
Released April 1, 2021 HistoryAssociate Justice Clarence Thomas penned the majority opinion in Washington State Grange v. Washington State Republican Party, a case addressing the constitutionality of Washington's top-two primary system. On November 2, 2004, voters in Washington approved Initiative 872 (I-872), establishing a top-two primary system for Washington's elective offices. Washington's Democratic, Libertarian, and Republican parties filed suit against the state, contending that the top-two primary system infringed upon the associational rights of political parties by denying them control over candidate endorsements. On July 15, 2005, the United States District Court for the Western District of Washington found in favor of the plaintiffs and halted implementation of I-872. The United States Court of Appeals for the Ninth Circuit affirmed the district court's ruling on August 22, 2006. The case was appealed to the Supreme Court of the United States, which ruled 7-2 on March 18, 2008, to reverse the Ninth Circuit's ruling, enabling Washington to implement its top-two primary system. The high court's majority opinion was penned by Associate Justice Clarence Thomas and was joined by Chief Justice John Roberts and Associate Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg, Stephen Breyer, and Samuel Alito. Associate Justices Antonin Scalia and Anthony Kennedy dissented. Thomas wrote the following in the court's majority opinion:[5][6]
The top-two primary system was first utilized in Washington in the 2008 election cycle. On June 8, 2010, voters in California approved Proposition 14, establishing a top-two primary system for California's elective offices. The top-two primary system was first utilized in California in 2011.[8] Support and oppositionSupportOpen Primaries, a nonprofit group that describes itself as advocating for open and nonpartisan primary systems, argued in a 2015 post on its website that top-two primaries can mitigate what it describes as the disproportionate influence of political party activists and bolster the political power of general voters:[9]
John Opdycke, president of Open Primaries, made the following arguments in support of California's top-two primary system a 2015 opinion piece for The Sacramento Bee:[10]
Daniel Krimm and Eric McGhee, in a 2012 report for the Public Policy Institute of California, argued that California's top-two primary system contributed to the increased presence of challengers in that state's primaries:[11]
OppositionRichard Winger, editor and publisher of Ballot Access News, filed expert testimony in federal district court opposing Washington's top-two primary system in 2010. Winger argued, in part, that Washington's primary system unduly burdens minor parties and their candidates:[12]
Rob Richie, executive director of FairVote, in a 2010 opinion piece for The Huffington Post, argued that California's top-two primary system burdened the associational rights of individuals, candidates, and political parties:[13]
Peter Gemma, writing for The Daily Caller in 2017, argued that "a top-two primary distorts the meaning of a free and fair election," citing electoral outcomes in California as evidence of this point:[14]
Recent legislationThe map below identifies states in which legislation related to the conduct of primary elections has been introduced. Hover over a state to see the precise number of relevant bills introduced in that state. A darker shade of red indicates a greater number of relevant bills. In those states shaded in white, relevant bills have not been introduced. For state-specific details, click a state in the map below or select a state from the drop-down menu beneath the map. A list of state legislation will display, including information about bill status and links to full text. This information is provided by BillTrack50.com. To return to the map, click "Back" in the upper righthand corner of the legislation list. See below for a complete list of primary systems bills. To learn more about a particular bill, click its title. This information is provided by BillTrack50 and LegiScan. See also
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