The case against the top two primary has been winding its way through the courts for years. Both the U.S. District Court and the 9th Circuit Court of Appeals have rejected arguments by the Democrats, Republicans, and Libertarians that the top-two primary violates their constitutional rights.
The top-two primary easily survived an earlier challenge at the Supreme Court, which ruled that it was constitutional on a 7-2 vote but left open the possibility of a later challenge.
In a statement, secretary of state Sam Reed said, “Our system, which is a model for other states, really honors the way Washingtonians want to vote — for the person, not the party label. It really fits our populist, independent streak and allows people to split their ticket, rather than be confined to one party’s candidates."
The state still plans to use the top-two system in the August 7 primary, according to the AP.