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Washington Initiative 872
Initiative 872 was an Initiative to the People in 2004 that replaced the "Montana Primary" being used in Washington State with a Top-two nonpartisan blanket primary. The Initiative was challenged in court up to the United States Supreme Court, which upheld the Top-Two primary.
==Background==
The blanket primary in Washington State was started by an Initiative to the Legislature filed in 1934 and passed in 1935. The political parties in Washington tried numerous times to have an open or closed primary system implemented, and even filed a lawsuit that was decided by the Washington State Supreme Court in 1936. The state was represented in that lawsuit by Warren Magnuson.
The political parties in Washington State filed another lawsuit against it in 2000 when the blanket primary in California was overturned by California Democratic Party v. Jones, and won the case.
The Washington State Legislature passed a new primary system in 2004, which would have created a new "Top Two" primary system, with an Open primary as a backup, giving the Governor the option to choose. The Secretary of State, Sam Reed advocated for the Top Two, but on April 1, 2004, the Governor used the line-item veto to activate the Open primary instead.〔(Washington State Governor Archives )〕
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