Supreme Court to Review 'Top Two' Primary System

The Supreme Court said yesterday it will consider the constitutionality of a statewide primary election system in which the top two finishers advance to the general election even if they are from the same party.

The justices will hear arguments in the fall in a case from Washington state over the "top two" primary system that voters adopted.

The system allows candidates to indicate party affiliation on the ballot and is open to voters regardless of party. The system is the successor to the blanket primary, which the Supreme Court struck down in 2000 on the grounds that it violated political parties' rights.

The Washington Democratic and Republican parties sued to block the new system, approved by voters in 2004. The parties said they would be forced to be associated with candidates they did not choose. Lower federal courts agreed with the parties. The new system infringes on the rights of political parties to choose their own nominees, said the U.S. Court of Appeals for the 9th Circuit.