Court ruling is another win for voters

The court system once again has put its faith in the intelligence of the voters. We wish this state's political parties would do the same.

Voters won a clear victory in court last week when a three-judge panel of the 9th U.S. Circuit Court of Appeals upheld Washington's "top-two" primary system. Voters ratified the system in 2004 when they approved Initiative 872, but the entire story goes back much further.

Washington voters do not declare a party affiliation when they register. For decades, in line with its populist tradition, the state conducted blanket primaries in which voters could pick and choose between ballots of different parties. That worked just fine until 2000, when the U.S. Supreme Court ruled in a California case that blanket primaries were unconstitutional. The court said nominating a candidate not of the party's choosing violated a party's First Amendment freedom of association.

What emerged in this state four years later, thanks in large part to the Washington State Grange, was the top-two primary as stipulated by Initiative 872. It won with 59.8 percent yes votes -- 67.7 percent yes in Yakima County. In 2005, the year after its approval but before its implementation, the Democratic, Republican and Libertarian parties sued in federal court.

The U.S. Supreme Court upheld the law in March 2008 but said its constitutionality depended on the ballot wording. Chief Justice John Roberts wrote, "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."

Thus came the preferred ballot language. It lists the candidate next to "Prefers Republican Party" or "Prefers Democratic Party" or -- in one 2010 legislative election in the 13th District, "Prefers Bull Moose Party." The state implemented the top-two primary in 2008.

The parties kept fighting in court. This time they hinged their case on the argument that voters can't figure out what "Prefers Xxxxx Party" means. Voters have shown little sign of confusion, however, even navigating Republican Dino Rossi's "Prefers GOP Party" in his 2008 gubernatorial race against Democrat Chris Gregoire.

In light of the 9th Circuit ruling, the parties are considering their legal options. Their best option would be to expand from their increasingly narrow voting bases by reaching out to a disaffected populace with policy proposals that speak to voter concerns.

That, to use ballot nomenclature, would be the preferred course over consistently trying to thwart the will of the people.

* Members of the Yakima Herald-Republic editorial board are Sharon J. Prill, Bob Crider, Frank Purdy and Karen Troianello.