Romney may not be on Washington state ballot! (user search)
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  Romney may not be on Washington state ballot! (search mode)
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Author Topic: Romney may not be on Washington state ballot!  (Read 3483 times)
True Federalist (진정한 연방 주의자)
Ernest
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« on: August 18, 2012, 06:57:33 PM »

I think the far more likely scenario is that a judge throws out this portion of state law as being confusing and contradictory and orders the State Legislature to rewrite it.

Yes, and denial of due process, and truncating the right to vote, lacking a reasonable basis, and a few other things, meaning even if that were the law, it would be tossed on Constitutional grounds.

None of those reasons worked to get the over 200 candidates thrown off the ballot back on the ballot here in the South Carolina primaries here this year.  The case may very well hinge on the meaning of the word "nominate".  The case that caused our primaries to get blown up was intended to get only 1 candidate thrown off the ballot.  It's possible both Obama and Romney get tossed off as the current top-two primary system has no formal mechanism in place for a party to nominate. That would be funny until the Washington legislature revises the law to put them both back on the ballot.  More likely, I'd think the court would accept that under the broad provisions granted for political parties to determine their own rules that so long as the WA GOP endorsed Rossi before the General election, he counts as their nominee or that since he was listed on the general election ballot as a Republican he counts as their nominee.

Also, I suspect the main point of this lawsuit is not to knock Romney off the ballot (not that the Libertarians would be unhappy if it did), but to get a formal ruling on what constitutes a nominee for the purposes of RCW 29A.04.086 in preparation for a second lawsuit over it being too strict in its definition, since the effective floor is far higher than 5% with the top-two primary since a candidate needs far more that 5% of the whole electorate to even make the top-two.
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True Federalist (진정한 연방 주의자)
Ernest
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Posts: 42,144
United States


« Reply #1 on: August 19, 2012, 10:59:25 AM »

N. Korea one party voting habits must be popular in Washington.
Evidently. I cannot see a legitimate alternative explanation for this "top two" crap passing a referendum.

In the case of Washington-state it's because of a desire for zero-party rule.  Washington was one of those states (along with California and Alaska) that had employed the blanket primary, in which a person can choose to vote in the Democratic primary for Governor and the Republican primary for Senator, etc.  That was ruled unconstitutional in the 2000 case California Democratic Party v. Jones.  The nonpartisan blanket primary that was already in use in Louisiana was adopted by referendum.  Effectively, the only race that remains partisan in Washington is the presidential race, which gives another possible way to rule -  the 5% threshold now can be met or set only by the Presidential race, and the Democrats and Republicans have major party status because of the result in that race.

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