The Libertarians had argued that under existing statute the Republican Party lost its “major party” status by failing to nominate a candidate for the US Senate race in 2010. Judge Thomas McPhee accepted the Secretary of State’s argument that the statute in question is no longer applicable even though it remains on the books.
Judge Rejects Libertarian Lawsuit, Rules Romney Can Appear on WA Ballot | Slog (previous)
- I would be curious if anyone thinks that this judge may have ruled differently if he were appointed for life instead of being elected, or what are anyone’s thoughts on an elected judiciary in general (merchant seaman)
- Voters of Washington, backed by the federal judiciary, changed the voting environment to a Top 2 system, leaving a number of orphan statutes that no longer work. The Supreme Court has made that point. The Legislature is waiting for the final denouement of party “as-applied” challenge before doing a Top 2 cleanup bill that clears out Pick-a-Party statutes that no longer apply. Supremes will decide next month whether to accept review, but the state’s administration of Top 2 closely followed the roadmap set forth in the original decision. Judge Coughenour and the 9th Circuit both have ruled this. In the Libertarians’ case, the judge has ruled that the presidential year voting, not the mid-term, will be used as the test for major party status (ammons)