Which of the following statements about the blanket primary system are accurate? quizlet

From Ballotpedia

Which of the following statements about the blanket primary system are accurate? quizlet

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

  • In 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.
  • Louisiana does not conduct true primary elections. Instead, all candidates running for a local, state, or federal office appear on the same ballot in either October (in odd-numbered years) or November (in even-numbered years), regardless of their partisan affiliations. If a candidate wins a simple majority of all votes cast for the office (i.e., 50 percent, plus one vote), he or she wins the election outright. If no candidate meets that threshold, the top two finishers, regardless of their partisan affiliations, advance to a second election in December. In that election, the candidate who receives the greatest number of votes wins. Ballotpedia refers to Louisiana's electoral system as the Louisiana majority-vote system.

    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]

    Usage

    In 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.

    States that utilize top-two primaries for congressional and state-level elections
    State Top-two primaries Notes
    Alaska Yes (top-four variant) On November 3 2020, Alaska voters approved a ballot initiative establishing a top-four primary for state executive, state legislative, and congressional elections.
    California Yes Implemented as a result of California Proposition 14.
    Nebraska Yes Top-two primaries apply only to nonpartisan state legislative races, in which the top two vote-getters in the primary face off in the general election.
    Washington Yes Implemented as a result of Washington Initiative 872.

    Top-two primary
    Released April 1, 2021

    History

    Which of the following statements about the blanket primary system are accurate? quizlet

    Associate 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]

    Respondents claim that candidates who progress to the general election under I–872 will become the de facto nominees of the parties they prefer, thereby violating the parties’ right to choose their own standard-bearers. ... The flaw in this argument is that ... the I–872 primary does not, by its terms, choose parties’ nominees. The essence of nomination—the choice of a party representative—does not occur under I–872. The law never refers to the candidates as nominees of any party, nor does it treat them as such. To the contrary, the election regulations specifically provide that the primary 'does not serve to determine the nominees of a political party but serves to winnow the number of candidates to a final list of two for the general election.' The top two candidates from the primary election proceed to the general election regardless of their party preferences. Whether parties nominate their own candidates outside the state-run primary is simply irrelevant. In fact, parties may now nominate candidates by whatever mechanism they choose because I–872 repealed Washington’s prior regulations governing party nominations.[7]
    —Clarence Thomas

    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 opposition

    Support

    Open 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]

    Closed primaries are the biggest form of voter suppression in the country. In 75% of elections, the outcome is determined in the first round of voting—the primary. In the majority of races, once a candidate wins the primary, which under a closed primary system is limited to members of their own party, they do not face a real challenge in the November election. 75% of elected officials in this country are winning office without having to communicate with voters outside their own party. Voters are disinterested in partisan primaries. When you go to a nonpartisan “Top Two” primary system, you get rid of partisan primaries. You end the “inside baseball” aspect of elections that turn so many voters off. You have a public primary open to all and a November election between the two finalists.[7]
    —Open Primaries

    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]

    The fact is top-two primaries are working. Every voter in California can now participate in the first round of voting and is free to choose candidates from any party. Politicians have to (gasp) engage with voters outside their own parties from the get-go. The number of competitive election contests has increased. The political parties are as strong and influential as they have ever been, with a big difference: Now, the parties are participants, not gatekeepers. They don’t get to decide who can and cannot vote in primaries and they don’t control the general election ballot.[7]
    —John Opdycke

    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]

    More incumbents faced primary challenges from within their own party this year than they have on average in the last five election cycles (42% vs. 18%). Redistricting does not fully explain this change, because incumbents in districts that changed a great deal were not substantially more likely to face a challenge than those in districts that did not change so much. Instead, the top-two was probably the stronger cause, since it gives primary challengers a better chance of appearing in the fall election. Indeed, almost all of the increase in primary challenges occurred in seats where the odds of a same-party runoff were the best.[7]
    —Daniel Krimm and Eric McGhee

    Opposition

    Richard 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]

    Any election system in the United States in which all candidates from all parties run on a single ballot in the first round for federal and/or state office, and then only the top two vote-getters may be on the ballot in the second round, inevitably and always means that minor party candidates will never appear on the ballot in the second round. The only exceptions to this statement are instances in which only one major party member runs in the first round.[7]
    —Richard Winger

    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]

    We recognize Prop. 14’s intention of moving away from the antiquated process of partisan primaries that today are subject to plunging voter turnout and unrepresentative electorates, yet limit everyone else’s choices in November. But its solution is draconian for small parties and problematic for all parties. First, candidates only will be able to run with a party label only after a large number of voters register with that party — meaning that many candidates will not have the option to list their true party of choice. At the same time, a candidate can register with an established party and run with its label even if that party wants nothing to do with that candidate.[7]
    —Rob Richie

    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]

    In 2016, as a result from an open/top two primary system, seven of California’s 53 U.S. House contests offered voters a one party choice; five of 20 state Senate contests and 15 of 80 state Assembly races had two members of the same party running against each other. California’s 2016 primary for U.S. Senate resulted in liberal Democrats Kamala Harris and Loretta Sanchez the only candidates facing off in the November election. This was the first time since 1914, when direct election of U.S. Senators began, that a Republican candidate was not on the ballot in the general election. Among Californians who cast a ballot last year, 16 percent left U.S. Senate choice blank – the worst fall-off for a California U.S. Senate election in 75 years.[7]
    —Peter Gemma

    Recent legislation

    The 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

    • Open primary
    • Closed primary
    • Semi-closed primary
    • Blanket primary
    • National Conference of State Legislatures, "State Primary Election Types"

    Footnotes

    1. Taegan Goddard's Political Dictionary, "Jungle primary," accessed January 13, 2016
    2. National Conference of State Legislatures, "State Primary Election Types," accessed September 11, 2017
    3. USLegal.com, "Blanket Primary Law and Legal Definition," accessed January 13, 2016
    4. Encyclopedia Brittanica, "Primary Election," accessed January 13, 2016
    5. Supreme Court of the United States, "Washington State Grange v. Washington State Republican Party: Opinion," March 18, 2008
    6. Supreme Court of the United States, "State of Washington v. Washington State Republican Party: Petition For A Writ Of Certiorari," November 20, 2006
    7. ↑ 7.0 7.1 7.2 7.3 7.4 7.5 7.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    8. Redondo Beach Patch, "Feb. 15 Set for Special Election to Fill Oropeza's Seat," December 17, 2010
    9. Open Primaries, "Open Primaries: Myth vs. Facts," accessed September 11, 2017
    10. The Sacramento Bee, "Top-two primary is working for voters," February 19, 2015
    11. Public Policy Institute of California, "California's New Electoral Reforms: How Did They Work?" June 2012
    12. United States District Court for the Western District of Washington, "Washington State Republican Party v. State of Washington: Expert Declaration of Richard Winger," September 13, 2010
    13. The Huffington Post, "Why FairVote Opposes California's Prop 14 - But Seeks Reform," June 13, 2010
    14. The Daily Caller, "Voters Lost In An Open Primary," March 31, 2017

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