Nonpartisan blanket primary

In the 2020 Alaska elections, voters approved Measure 2, which will replace party primaries with a single non-partisan blanket primary, a top-four primary. The top 4 candidates will advance to a general election that uses ranked-choice voting. It will be used for all state and federal elections except for the president.[18]

California's blanket primary system was ruled unconstitutional in California Democratic Party v. Jones in 2000. It forced political parties to associate with candidates they did not endorse. Then in 2004, Proposition 62, an initiative to bring the nonpartisan blanket primary to California, failed with only 46% of the vote. However, Proposition 14, a nearly identical piece of legislation, passed on the June 2010 ballot with 53.7% of the vote.[19]

Under Proposition 14, statewide and congressional candidates in California, regardless of party preference, participate in the nonpartisan blanket primary. However, a candidate must prefer the major party on the ballot that they are registered in. After the June primary election, the top two candidates advance to the November general election. That does not affect the presidential primary, local offices, or non-partisan offices such as judges and the Superintendent of Public Instruction.[20] The California Secretary of State now calls the system a "Top-Two Primary".[21]

The 2012 general election was the first non-special election in California to use the nonpartisan blanket primary system established by Proposition 14. As a result, eight congressional districts featured general elections with two candidates of the same party: the 15th, 30th, 35th, 40th, 43rd, and 44th with two Democrats, and the 8th and 31st with two Republicans.

In the 2014 general election, eight congressional districts featured general elections with two candidates of the same party: the 17th, 19th, 34th, 35th, 40th, and 44th with two Democrats, and the 4th and 25th with two Republicans.

In the 2016 general election, the U.S. Senate race featured two Democrats running against each other and seven congressional districts with two Democrats running against each other: the 17th, 29th, 32nd, 34th, 37th, 44th, and 46th. There were no races with two Republicans running against each other.

The 15th district is based in the East Bay and includes Hayward and Livermore. Democrat Pete Stark, who represented the 13th district from 1993 to 2013 and its predecessors since 1973, lost reelection to fellow Democrat Eric Swalwell in the general election after Stark won the primary.

Along with California and Alaska, Washington had a blanket primary system that allowed every voter to choose a candidate of any party for each position. That kind of system was ruled unconstitutional by the US Supreme Court in California Democratic Party v. Jones (2000) because it forced political parties to endorse candidates against their will.[13]

The Washington State Legislature passed a new primary system in 2004, which would have created a top-two nonpartisan blanket primary system. It provided an open primary as a backup, giving the Governor the option to choose. Although Secretary of State Sam Reed advocated the blanket, non-partisan system, on April 1, 2004, the Governor used the line-item veto to activate the Open primary instead. In response, Washington's Initiative 872 was filed on January 8, 2004, by Terry Hunt from the Washington Grange, which proposed to create a nonpartisan blanket primary in that state. The measure passed with 59.8% of the vote (1,632,225 yes votes and 1,095,190 no votes) in 2004.[22] On March 18, 2008, the US Supreme Court ruled, in Washington State Grange v. Washington State Republican Party, that Washington's Initiative 872 was constitutionally permissible. Unlike the earlier blanket primary, it officially disregards party affiliation while allowing candidates to state their party preference. However, the court wanted to wait for more evidence before addressing the chief items in the complaint and remanded the decision to the lower courts.[13]

Washington state implemented this Top 2 primary, starting in the 2008 election [23] which applies to federal, state, and local elections, but not to presidential elections.[24] There is no voter party registration in Washington, and candidates are not restricted to stating an affiliation with an established major or minor party. The candidate has up to 16 characters to describe on the ballot the party that they prefer.[25] Some candidates state a preference for an established major party, such as the Democratic Party or the Republican Party, while others use the ballot to send a message, such as Prefers No New Taxes Party or Prefers Salmon Yoga[26] Party. Since this is a "preference" and not a declaration of party membership, candidates can assert party affiliation without the party's approval or use alternate terms for a given party. Gubernatorial candidate Dino Rossi's 2008 stated preference was for the "GOP Party", although he is a prominent Republican.[27]

First Ballot, August 17, 2010[28]

Second Ballot November 2, 2010[29]

In this race a three-way primary led to a two-way race between two members of the same party (Republicans) in the general election. With over 20% of the population voting for the Democrat and neither Republican winning close to a majority in the primary, both of the Republican candidates had to appeal to Democrats and other voters who did not support them in the first round. For example, incumbent Norm Johnson came out in favor of same-sex civil unions, moving to the left of challenger Michele Strobel, who opposed them.[30]

First Ballot August 17, 2010[31]

Second Ballot November 2, 2010[32]

In this heavily Democratic district, Berkey was officially endorsed by the 38th District Democratic Party.[33] However, Democratic challenger Nick Harper bankrolled ads for the Republican candidate to "Squeeze the Middle" and prevent the moderate incumbent Berkey from running in the general election.[34][35] When Berkey placed third in the primary by a margin of 122 votes, the Moxie Media scandal ensued: the state's election watchdog committee unanimously voted to refer the case to the state Attorney General Rob McKenna, who within hours "filed suit, alleging multiple campaign-finance violations".[34] Despite the call of several former state senators to hold another election, the election results were upheld, and Berkey was prevented from running in the general election.[34][35] Harper easily won the subsequent uncompetitive runoff election.

First Ballot, August 17, 2010 (only top three vote-getters listed)[36]

Second Ballot November 2, 2010[29]

In this race, the three leading candidates' competition resulted in a more moderate and popular Republican facing off against the incumbent Democrat, with a relatively close general election. Clint Didier and Dino Rossi were the two main Republicans vying to run against the incumbent Democratic Senator Patty Murray. Rossi had much greater name recognition, had narrowly lost two races for governor, and was favored by the party establishment. Didier, a former tight end for the National Football League's Washington Redskins, had never run for elected office and was endorsed by Tea Party favorites Ron Paul and Sarah Palin. Didier might have been able to win the GOP nomination from Rossi in a closed primary that rewards candidates for appealing to the hardline of their base, but the more moderate Rossi was easily able to defeat Didier in the Top Two primary. While one might expect more Democrats in the Top Two primary to vote tactically for Didier, the Republican candidate who was doing much worse in polls against Murray, most Democrats seemed content voting for Murray. If any tactical voting occurred, it seemed to be on the Republican side, with the vast majority of the Republican voters choosing Rossi, perceived as a more electable candidate. In this case, the Top Two primary resulted in a more moderate Republican candidate running against the Democratic incumbent, and likely a much more competitive race than if the Tea Party candidate had run against Murray.[37]

The 4th district is a large and predominantly rural district in Central Washington that encompasses numerous counties and is dominated by the Tri-Cities and Yakima areas. Republican Doc Hastings, who represented the 4th district since 1995, retired.[38] The two winners of the top two primary were the Tea Party candidate Clint Didier (endorsed by Ron Paul) and Dan Newhouse, the former Director of the Washington State Department of Agriculture under Christine Gregoire and Jay Inslee and former State Representative.[39][40] In a close general election, Newhouse prevailed.