Candidate
Questions Regarding the
Top Two Primary
What
does this mean for candidates?
Candidates
must still file a declaration of candidacy with the
County
Auditor
or the Secretary of State, depending on the office.
Candidates will be allowed to state on the declaration of
candidacy which political party they prefer, and that information will
be listed on the ballot.
This
is strictly an expression of that candidate’s preference.
It does not imply that the candidate is nominated or endorsed
by the party, or that the party approves of or associates with that
candidate. For purposes of
conducting elections, people running for office are not members of a
particular party or candidates of a particular party.
Rather, they are candidates running for office, and are
provided the opportunity to express a preference for a political
party.
When is the filing
period?
The
regular filing period is the first week of June.
This year, that is June 2-6, 2008.
Candidates may file in person, by mail or, if filing with the
Secretary of State’s Office, online.
Declarations of Candidacy filed by mail may be received
beginning May 16, 2008.
Are minor party
candidates still required to conduct conventions and collect
signatures in order to run for office?
No.
All candidates use the same procedures to file for office and
appear on the Primary Election ballot.
The Top Two Primary evens the playing field for candidates.
Candidates may list any party as the party that they prefer.
Minor
party and independent candidates for President and Vice President are
an exception. They must
still collect signatures and obtain the consent of the candidates.
Can the political parties
prevent a candidate from expressing a preference for their party?
No.
Candidates are permitted
to express a preference for any political party. The
court ruled that the ability of candidates to express a preference for
a party does not severely burden the rights of the party.
Can the political parties
still nominate candidates?
Yes.
State law no longer dictates how political parties conduct
their nominations. Now,
the state and local parties decide how to conduct their nominations.
The rules for party-run nominations vary party to party, and
even between the state and local parties. Political
parties can nominate multiple candidates for the same race. The
Court stated:
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.
Can
the political parties demand that their nominees be distinguished on
the ballot?
No.
The law does not allow nominations or endorsements by interest
groups, political action committees, political parties, labor unions,
editorial boards, or other private organizations to be printed on the
ballot.
The
Supreme Court ruled the political parties do not have a constitutional
right to have their nominees distinguished on the ballot.
The Supreme Court said:
It is true that
parties may no longer indicate their nominees on the ballot, but that
is unexceptionable: The
First Amendment does not give political parties a right to have their
nominees designated as such on the ballot. … Parties do not gain
such a right simply because the State affords candidates the
opportunity to indicate their party preference on the ballot.
“Ballots serve primarily to elect candidates, not as forums
for political expression.”
Can
candidates advertise themselves as nominees of a political party?
Yes.
Candidates can promote themselves in voters’ pamphlets,
advertisements, and other forums as the nominees of a political party.
After candidate filing
week, can a major party fill vacancies on the major party ticket?
No.
This process was specifically repealed in I-872 because there
is no major party ticket in a Top Two Primary.
All candidates are treated the same.
A
race will only be reopened for a special filing period if there is a
void in candidacy, meaning no candidates filed during the regular
filing period.
If only one or two
candidates file, will that race skip the Primary and only appear on
the General Election ballot?
No.
Even if only one or two candidates file for a partisan office,
that race will still appear in the Primary Election.
It is only in nonpartisan elections that the race skips the
Primary when just one or two candidates file.
The relevant statute is RCW 29A.52.220.
If
a candidate for partisan office who was one of the top two
vote-getters in the Primary dies or is disqualified before the General
Election, will the party be allowed to name a replacement?
No.
In a Top Two Primary, a candidate’s party preference is
purely for informational purposes and does not play any role in the
administration of the election. Because the candidates are not
representatives or nominees of a political party, a party is not
allowed to name a replacement candidate. The laws that
previously allowed the political parties to replace deceased or
disqualified candidates were repealed in I-872.
