Washington: Ninth Circuit Upholds Washington State Top-Two System | Ballot Access News
On January 19, the 9th circuit upheld the Washington state “top-two” system. Here is the decision. The part of the decision about ballot access is very short. It quotes the dicta from the U.S. Supreme Court decision Munro v Socialist Workers Party that says the burden on minor parties is slight as long as their candidates can run in the primary. But it does not mention the holding in Munro v Socialist Workers Party, that there is no constitutional distinction between a petition for ballot access to the November ballot, and a prior vote test.