Candidate Questions Regarding the
Top Two Primary
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| What does this mean for candidates?
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Candidates must still file a declaration of candidacy with
the auditor's office 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.
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| When is the filing period?
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The regular filing period is the first full week of June.
| 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. (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?
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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.
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