Reed

The State of Washington conducts a “blanket” primary, in which voters choose candidates without being restricted to candidates of any particular party. The Democratic, Republican and Libertarian Parties all challenged the law, claiming that it unconstitutionally restrains their supporters’ freedom of association. They are correct.

We recognize that Washington voters are long accustomed to a blanket primary and acknowledge that this form of primary has gained a certain popularity among many of the voters. Nonetheless, these reasons cannot withstand the constitutional challenge presented here. The legal landscape has changed, and our decision is compelled by the Supreme Court’s landmark decision in California Democratic Party v. Jones.

I. BACKGROUND

Washington’s “blanket primary” system was first established in 1935. Except for presidential primaries, “all properly registered voters may vote for their choice at any primary ..., for any candidate for each office, regardless of political affiliation and without a declaration of political faith or adherence on the part of the voter.” 2 All the candidates from all parties are listed on the ballot, along with a party designation or…