Socialist Workers Party Leroy Watson Louise Pittell and Dean Peoples v. Secretary of State of the State of Washington, Ralph Munro

Plaintiffs filed suit challenging the constitutionality of Wash.Rev.Code section 29.-18.110 (West Supp.1985) on the ground that it effectively barred minor parties from participating in general elections for state wide office and thus deprived these parties, their members, and the voters of Washington of rights protected by the first and fourteenth amendments. Both parties filed motions for summary judgment. The district court gave judgment for defendants. Plaintiffs appealed.

I.

Prior to 1977, minor political parties did not participate in Washington’s primary election. Each minor party nominated its candidates for public office at a convention, attended by at least one hundred registered voters. Wash.Rev.Code §§ 29.24.020 and 29.24.030 (1965) (amended 1977). The minor party nominee was placed on the ballot for the general election upon the filing of a certificate signed by at least one hundred registered voters present at the party’s convention. Wash.Rev.Code §§ 29.24.040 and 29.30.100 (1965) (amended 1977).

Washington amended its election law in 1977. The convention-certificate requirement for nomination of a minor party candidate is retained, but an additional condition is…