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Washington state governor selects LP-approved primary law

Washington state Governor Gary Locke has vetoed a primary election proposal that would have excluded the Libertarian Party and other smaller parties from many political races in the state.

In its place he approved an election system that will allow each major party -- including the LP -- to have its own ballot in the primary, as well as a place on the general election ballot. The Libertarian Party has major party status in the state because of strong showings in recent elections.

The system Locke vetoed after it was approved by both the state Senate and House -- known as a "Cajun" primary because it is used in Louisiana -- would have allowed only the top two vote-getters in the primary to move up to the general election.

That would have the effect of excluding many Libertarians, party officials say, even though the LP is recognized as a major party in the state.

And other small parties would almost certainly have been "truly destroyed," said John Mills, a former state LP chair who is helping to fashion new primary election rules.

In place of the Cajun primary, Locke approved a "modified Montana" primary system, under which voters can request a Democrat, Republican or Libertarian ballot. Democrats and Republicans in the legislature favored the "top two" system because it is closer to Washington's old blanket primary system -- which is what got them elected, state LP chair Larey McLaren said.

The system Locke vetoed was created by the state Legislature after a federal court declared the state's blanket primary unconstitutional. When Washington lawmakers appealed the decision, the Supreme Court upheld the lower court's ruling, saying that the blanket primary violated the political parties' right to choose their own nominees for the primary.

Under the old system, voters could cast ballots for any candidate regardless of party affiliation. Also, candidates could run under any banner they chose -- without the approval of the party they chose to run for.

Allowing voters from other parties to select a Libertarian candidate -- or allowing non-Libertarians to run under the LP name -- could create confusion about the party's positions, Mills said.

The system Locke approved over the protests of legislators is superior because candidates will be able to file for office only if they are endorsed by their party or gather signatures from 5 percent of their party's registered voters. Every candidate nominated by a minor party will automatically be included on the general election ballot -- ensuring that voter choice survives in the state, McLaren said.

The other options considered by the Legislature were all of the "top two candidates go on" variety, and "would have been very negative for anyone except the Democrats and the Republicans," he said.

The battle against a top two primary system is not over, however. The Washington Grange, an influential fraternal organization that is the blanket primary's strongest proponent, has promised to continue trying to get the top two system adopted, and will probably try to get the governor's veto overturned in court.



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