WASHINGTON STATE GRANGE v. LOCKE

No. 75384-9.

105 P.3d 9 (2005)

153 Wash.2d 475

WASHINGTON STATE GRANGE, Terry Hunt, Jane Hodde, Senator Tim Sheldon, Senator Joyce Mulliken, Senator Darlene Fairley, and Representative Fred Jarrett, Petitioners, v. Gary LOCKE, in his official capacity as Washington State Governor, Sam Reed, in his official capacity as Washington State Secretary of State, and Michael Murphy, in his official capacity as Washington State Treasurer, Respondents.

Supreme Court of Washington, En Banc.

Decided January 20, 2005.


Attorney(s) appearing for the Case

James Martin Johnson, Olympia, for Petitioners.

Governor Gary Locke, Washington State Governor, Treasurer Michael Murphy, State Treasurer, Narda D. Pierce, Attorney General, Solicitor General, Thomas C. Morrill, Attorney General's Office, Secretary Sam Reed, Secretary of State, Olympia, Daniel Benjamin Ritter, Harry J.F. Korrell, Davis Wright Tremaine, LLP, Michele G. Radosevich, Seattle, for Respondents.

David Thomas McDonald, Jonathan Hart Harrison, Preston Gates & Ellis LLP, Seattle, for Amicus Curiae Paul Berendt and Washington State Democratic Party.


BRIDGE, J.

In 2003, the Ninth Circuit Court of Appeals held that Washington's blanket primary system was unconstitutional.1 As a result, the Washington legislature was required to enact a new system for conducting primary elections in Washington, and during the 2004 session, the legislature responded by enacting Engrossed Senate Bill 6453 (ESB 6453), adopting the "Louisiana style" or "top two" primary system in Washington. ESB 6453 also...

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