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Postman on Politics

Chief political reporter David Postman explores state, regional and national politics.

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July 8, 2008 8:56 AM

Democrats say '08 elections may have to be redone

Posted by David Postman

An attorney for the state Democratic Party says the upcoming top-two primary violates a federal court order, and could jeopardize the results of both this year’s primary and general elections.

David McDonald, the attorney who represents the party in the primary case, wrote to state attorneys yesterday. His letter was prompted by an order from the 9th Circuit Court of Appeals last week that asked attorneys for supplemental briefing materials in the longstanding court fight over the primary. McDonald said that order makes clear that appeals of Judge Thomas Zilly’s 2005 decision are not over.

Zilly issued an injunction against implementing I-872, the initiative that created the top-two primary. McDonald wrote that the state has made no effort to modify or vacate that injunction. He wrote to state attorneys:

Proceeding with the planned August primaries and November elections in violation of this injunction will expose all of the results to challenge, potentially wasting significant taxpayer resources on elections that have to be redone.

McDonald wants the state to go back to the pick-a-party primary that has been in place since 2004. And that, he said, should be the law “until such time, if ever, as the validity of I-872 is fully and finally upheld.”

The top-two system got the go-ahead in March when the U.S. Supreme Court ruled that overturning the citizen initiative would have been an "extraordinary and precipitous nullification of the will of the people."

The Supreme Court ruling left open the possibility that the top-two could be challenged after it was implemented and the political parties could show actual harm.


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Posted by usesomelogic

10:35 AM, Jul 08, 2008

I already see it happening.....Dino wins the Governor's position and the state Dem's start saying it was an illegal win.

They will do ANYTHING to win the seat. Including undermine the people.....

Posted by Dave Gibney

1:32 PM, Jul 08, 2008

As the later post shows, opposition to "Top Two" is one thing most parties agreed on, fancy that.

And Dino isn't likely to come close in my opinion.

Posted by evergreen_representative

9:14 PM, Jul 08, 2008

Congratulations to Sam Reed and his Party of Commons competitor, Mark Greene, for both strongly and boldly upholding the "Top 2" primary, the will of the people who voted in favor of "Top 2" in the General Election of 2004. Both Reed (Republican) and Greene (Party of Commons) are on record for supporting the voters' right to vote for any candidate in primaries through "Top 2."

The Democrat candidate, Jason Osgood, opposes Top 2, as he reportedly made his opposition known at the state Democratic convention in Spokane last month.

www.PartyofCommons.com

Posted by AD

12:41 AM, Jul 09, 2008

Why would democrats ever say that an election needs to be redone when everyone knows that if you don't like the election you can just recount and recound and recount until you do like the election (then counting must cease!!!).

Posted by Conservative

6:25 PM, Jul 09, 2008

Either way, Rossi will win.

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Jul 8, 08 - 09:30 AM
Political parties say top-two primary may not count

Jul 8, 08 - 08:56 AM
Democrats say '08 elections may have to be redone

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