Jungle primary
Encyclopedia
A nonpartisan blanket primary (also known as a "Top-two primary", "Louisiana primary", "Cajun primary", or "jungle primary") is a primary election
Primary election
A primary election is an election in which party members or voters select candidates for a subsequent election. Primary elections are one means by which a political party nominates candidates for the next general election....

 in which all candidates for elected office run in the same primary regardless of political party
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...

. Under this system, the top two candidates who receive the most votes advance to the next round, as in a runoff election
Two-round system
The two-round system is a voting system used to elect a single winner where the voter casts a single vote for their chosen candidate...

. However, there is no separate nomination process for candidates before the first round, and parties cannot thin the field using their own internal processes (such as a convention
Political convention
In politics, a political convention is a meeting of a political party, typically to select party candidates.In the United States, a political convention usually refers to a presidential nominating convention, but it can also refer to state, county, or congressional district nominating conventions...

). Similarly, it is entirely possible that two candidates of the same party could advance to the second round.

Because voters can vote in the first round for a candidate from any political party, the nonpartisan blanket primary has been compared to the original blanket primary
Blanket primary
The blanket primary is a system used for selecting political party candidates in a primary election in the USA. In a blanket primary, voters may pick one candidate for each office without regard to party lines; for instance, a voter might select a Democratic candidate for governor and a Republican...

 used briefly in California, which in 2000 was ruled unconstitutional in California Democratic Party v. Jones
California Democratic Party v. Jones
California Democratic Party v. Jones, 530 U.S. 567 , was a case in which the United States Supreme Court held that California's blanket primary violates a political party's First Amendment freedom of association.-Prior history:...

because it forced political parties to associate with candidates they did not endorse. However, the nonpartisan blanket primary disregards party preference in determining the two candidates to advance to the general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...

, and for that reason has been ruled facially constitutional by the Supreme Court in the 2008 decision Washington State Grange v. Washington State Republican Party.

Chief Justice Roberts concurred in the 2008 decision, "If the ballot is designed in such a manner that no reasonable voter would believe that the candidates listed there are nominees or members of, or otherwise associated with, the parties the candidates claimed to “prefer,” the I–872 primary system would likely pass constitutional muster." Each candidate for partisan office can state a political party that he or she prefers. Ballots also must feature a disclaimer to voters that candidate’s preference does not imply that the candidate is nominated or endorsed by the party, or that the party approves of or associates with that candidate. Ballots with candidate preference are now used statewide in Washington State and California.

Use in Louisiana

Until recently, this format has only been used for regular elections in the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

 of Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...

. There is a second round
Two-round system
The two-round system is a voting system used to elect a single winner where the voter casts a single vote for their chosen candidate...

 (runoff) between the top two candidates if no candidate wins a simple majority
Majority
A majority is a subset of a group consisting of more than half of its members. This can be compared to a plurality, which is a subset larger than any other subset; i.e. a plurality is not necessarily a majority as the largest subset may consist of less than half the group's population...

 (more than half of the votes) in the first round of balloting. This happens more often with open seats, as incumbent
Incumbent
The incumbent, in politics, is the existing holder of a political office. This term is usually used in reference to elections, in which races can often be defined as being between an incumbent and non-incumbent. For example, in the 2004 United States presidential election, George W...

s more easily win majorities. The runoff constitutes the general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...

 under Louisiana law even if the general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...

 had two candidates of the same party, a phenomenon which frequently occurs. The only labels originally permitted under the Louisiana law
Louisiana law
Law in the State of Louisiana is based in part on civil law. Louisiana is unique among the 50 U.S. states in having a legal system partially based on French and Spanish codes and ultimately Roman law, as opposed to English common law...

 were Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

, Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

, and No Party
Independent (politician)
In politics, an independent or non-party politician is an individual not affiliated to any political party. Independents may hold a centrist viewpoint between those of major political parties, a viewpoint more extreme than any major party, or they may have a viewpoint based on issues that they do...

; however, the labels of any "registered political party" may be used. The primary has been used in statewide elections since 1975.

In federal elections

The nonpartisan blanket primary was never used for presidential primaries in Louisiana because national party rules forbid it. It has been used for congressional elections from 1978 to the present, with a brief interruption from 2008-2010.

Starting in 1978, U.S. House
United States House elections, 1978
The U.S. House election, 1978 was an election for the United States House of Representatives in 1978 which occurred in the middle of President Jimmy Carter's term, when the country was going through an energy crisis and facing rapid inflation...

 and Senate elections
United States Senate elections, 1978
The United States Senate election of 1978 in the middle of Democratic President Jimmy Carter's term. The Democrats lost a net of three seats to the Republicans, leaving the balance of the chamber 58-41 in favor of the Democrats....

 were switched to the nonpartisan blanket primary format. Yet this system was held to be in violation of federal law when used for congressional elections in 1997 by the U.S. Supreme Court in Foster v. Love. After the decision, Louisiana moved the congressional primary date to November and the run-off to December in order to keep the nonpartisan blanket format.

In May 2005, Louisiana passed a law moving the primary back to October, with provisions intended to follow federal law. In June 2006 Louisiana Governor Kathleen Blanco
Kathleen Blanco
Kathleen Babineaux Blanco was the 54th Governor of Louisiana, having served from January 2004 until January 2008. She was the first woman to be elected to the office of governor of Louisiana....

 signed Senate Bill No. 18 (later Act No. 560) into law, which took effect in 2008 and returned Congressional races to the closed primary system. However, in 2010 the legislature voted to revert federal elections back to the nonpartisan blanket primary system with the passage of House Bill 292, which was signed into law by Governor Bobby Jindal on June 25, 2010.

Since Louisiana's primary is virtually identical to the Washington state primary system which has been upheld by the Supreme Court in 2008 in Washington State Grange v. Washington State Republican Party, it thus remains constitutional.

Use in Washington state

Washington state
Washington State
Washington State may refer to:* Washington , often referred to as "Washington state" to differentiate it from Washington, D.C., the capital of the United States* Washington State University, a land-grant college in that state- See also :...

, along with California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

 and Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...

, had a blanket primary
Blanket primary
The blanket primary is a system used for selecting political party candidates in a primary election in the USA. In a blanket primary, voters may pick one candidate for each office without regard to party lines; for instance, a voter might select a Democratic candidate for governor and a Republican...

 system that allowed every voter to choose a candidate of any party for each position. This kind of system was ruled unconstitutional in California Democratic Party v. Jones
California Democratic Party v. Jones
California Democratic Party v. Jones, 530 U.S. 567 , was a case in which the United States Supreme Court held that California's blanket primary violates a political party's First Amendment freedom of association.-Prior history:...

in 2000 because it forced political parties to endorse candidates against their will.

The Washington State Legislature passed a new primary system in 2004, which would have created a nonpartisan blanket or "Top Two" primary system, with an Open primary as a backup, giving the Governor the option to choose. Although Secretary of State Sam Reed
Sam Reed
Sam Reed is the Secretary of State of Washington and a Republican. Reed is Washington's fourteenth Secretary of State.Reed received his bachelor's and master's degrees in political science from Washington State University...

 advocated the Top Two, 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.

On March 18, 2008, the United States Supreme Court ruled in Washington State Grange v. Washington State Republican Party that Washington's Initiative 872 was constitutionally permissible, because 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 back to the lower courts. Since the 2008 decision Washington State implemented the Top two primary, which applies to federal, state and local elections, but not to presidential elections.

There is no voter party registration in Washington. And there are no signature requirements for ballot access. Candidates are not restricted to stating a preference to an established major or minor party. The candidate, on the ballot, has up to 16 characters to describe the party that he or she prefers. 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 Party.

Use in California

California's blanket primary
Blanket primary
The blanket primary is a system used for selecting political party candidates in a primary election in the USA. In a blanket primary, voters may pick one candidate for each office without regard to party lines; for instance, a voter might select a Democratic candidate for governor and a Republican...

 system was ruled unconstitutional in California Democratic Party v. Jones
California Democratic Party v. Jones
California Democratic Party v. Jones, 530 U.S. 567 , was a case in which the United States Supreme Court held that California's blanket primary violates a political party's First Amendment freedom of association.-Prior history:...

in 2000 because it forced political parties to associate with candidates they did not endorse. Then in 2004, Proposition 62
California Proposition 62 (2004)
Proposition 62 was a California ballot proposition on the November 2, 2004 ballot. It failed to pass with 5,119,155 votes in favor and 5,968,770 against....

, an initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...

 to bring the nonpartisan blanket primary to California, failed with only 46% of the vote. However, Proposition 14
California Proposition 14 (2010)
Proposition 14 is a California ballot proposition that appeared on the ballot during the June, 2010 state elections. It is a constitutional amendment that changed California's election processes by consolidating all primary elections for a particular office into an election with one ballot that...

, a nearly identical piece of legislation, passed on the June 2010 ballot with 53.7% of the vote.

Under Proposition 14, statewide and congressional candidates in California, regardless of party preference, participate in the nonpartisan blanket primary, and the top two candidates advance to the general election. This does not affect the presidential primary, local offices, or non-partisan offices such as judges and the Superintendent of Public Instruction.

Use elsewhere in the United States

The plan is also used in Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

 and some other states in special elections, but not primaries. Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...

, like Washington state
Washington State
Washington State may refer to:* Washington , often referred to as "Washington state" to differentiate it from Washington, D.C., the capital of the United States* Washington State University, a land-grant college in that state- See also :...

 and California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

, used the similar blanket primary
Blanket primary
The blanket primary is a system used for selecting political party candidates in a primary election in the USA. In a blanket primary, voters may pick one candidate for each office without regard to party lines; for instance, a voter might select a Democratic candidate for governor and a Republican...

 until 2000, when it was ruled unconstitutional. There was also an effort in Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...

 to pass a similar law, but the Oregon Senate rejected it in May 2007 and it failed in a November 2008 referendum.

Likewise, other elections throughout the United States such as mayoral elections, local council elections, and school boards, etc. may operate as non-partisan or semi-non-partisan elections. Such examples include Mobile, Alabama
Mobile, Alabama
Mobile is the third most populous city in the Southern US state of Alabama and is the county seat of Mobile County. It is located on the Mobile River and the central Gulf Coast of the United States. The population within the city limits was 195,111 during the 2010 census. It is the largest...

 city council and mayoral elections and the Fresno, California
Fresno, California
Fresno is a city in central California, United States, the county seat of Fresno County. As of the 2010 census, the city's population was 510,365, making it the fifth largest city in California, the largest inland city in California, and the 34th largest in the nation...

 mayoral primary.

Louisiana governor's race, 1991

First Ballot, October 19, 1991
Candidate Affiliation Support Outcome
Edwin Edwards
Edwin Edwards
Edwin Washington Edwards served as the Governor of Louisiana for four terms , twice as many terms as any other Louisiana chief executive has served. Edwards was also Louisiana's first Roman Catholic governor in the 20th century...

Democratic 523,096 (33.8%) Runoff
David Duke
David Duke
David Ernest Duke is a former Grand Wizard of the Knights of the Ku Klux Klan an American activist and writer, and former Republican Louisiana State Representative. He was also a former candidate in the Republican presidential primaries in 1992, and in the Democratic presidential primaries in...

Republican 491,342 (31.7%) Runoff
Buddy Roemer
Buddy Roemer
Charles Elson "Buddy" Roemer III is an American politician who served as the 52nd Governor of Louisiana, from 1988 to 1992. He was elected as a Democrat but switched to the Republican Party on March 11, 1991...

Republican 410,690 (26.5%) Defeated
Clyde Holloway Republican 82,683 (5.3%) Defeated
Sam Jones Democratic 11,847 (0.8%) Defeated
Ed Karst
Ed Karst
Charles Edward "Ed" Karst was an attorney and politician remembered for his controversial tenure as the mayor of Alexandria, the seat of Rapides Parish and the largest city in central Louisiana...

No Party 9,663 (0.6%) Defeated
Fred Dent Democratic 7,835 (0.5%) Defeated
Anne Thompson Republican 4,118 (0.3%) Defeated
Jim Crowley Democratic 4,000 (0.3%) Defeated
Albert Henderson Powell Democratic 2,053 (0.1%) Defeated
Ronnie Glynn Johnson Democratic 1,372 (0.1%) Defeated
Ken "Cousin Ken" Lewis Democratic 1,006 (0.1%) Defeated


Second Ballot, November 16, 1991
Candidate Affiliation Support Outcome
Edwin Edwards Democratic 1,057,031 (61.2%) Elected
David Duke Republican 671,009 (38.8%) Defeated


Despite Republicans collectively attaining a majority of the support in the 1st ballot, the Democratic candidate Edwards won decisively on the second ballot. A factor in this seemingly anomalous result may have been tactical voting
Tactical manipulation of runoff voting
Like virtually all electoral systems, in runoff voting there is potential for both tactical voting and strategic nomination. Tactical voting is where voters do not vote in accordance with their true preferences, but instead vote insincerely in an attempt to influence the result...

, which has been observed in some two-round electoral systems. On the other hand, a major contributor to Edwards' markedly increased vote may well have been the fact that Roemer endorsed Edwards prior to the second round. Additionally, Roemer had originally been elected to the governorship as a Democrat, having only changed his party affiliation in 1991. Under this system, party label is self-identifying, which means that David Duke was able to declare himself a Republican candidate without the consent of the Republican Party. Edwin Edwards' win is most likely attributed to the fact that David Duke was a former Grand Wizard of the Ku Klux Klan, and thus was unpalatable to mainstream voters, in spite of allegations of corruption during Edwards' first three terms. Evidence of this exists in the unofficial campaign slogan "Vote for the Lizard, not the Wizard." Another bumper sticker cited by the Wall Street Journal is: "Vote for the crook, it's important."

Washington state legislature, 2010

First Ballot, August 17, 2010
Candidate Party Preference Support Outcome
Scott Brumback Democratic 4,702 (20.55%) Defeated
Michele Strobel Republican 8,053 (35.19%) Runoff
Norm Johnson Republican 10,129 (44.26%) Runoff


Second Ballot November 2, 2010
Candidate Party Preference Support Outcome
Michele Strobel Republican 17,229 (47.5%) Defeated
Norm Johnson Republican 19,044 (52.5%) Elected


In this race, from the 17th legislative district, 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. Even though the district was heavily Republican, the top-two primary made the general election highly competitive and gave all the voters of that district - including Democrats and independents - a decisive role in the final vote. With the incumbent Norm Johnson supporting same-sex civil unions and his challenger Michele Strobel opposing them, voters had a significant choice in what kind of Republican they wanted to represent them.

Washington state legislature, 2010 38th District State Senate

First Ballot August 17, 2010
Candidate Party Preference Support Outcome
Nick Harper Democratic 7,193 (35.09 %) Runnoff
Jean Berkey Democratic 6,591 (32.16%) Defeated
Rod Rieger Conservative 6,713 (32.75%) Runoff


Second Ballot November 2, 2010
Candidate Party Preference Support Outcome
Nick Harper Democratic 22,089 (59.73 %) Elected
Rod Rieger Conservative 14,892 (40.27 %) Defeated


In this case, tactical campaigning sought to "Squeeze The Middle" to attack the moderate incumbent Berkey and achieve a polarized primary result with subsequent uncompetitive runnoff election.

Washington state US Senate race, 2010

First Ballot, August 17, 2010 (only top three votegetters listed)
Candidate Party Preference Support Outcome
Patty Murray Democratic 670,284 (46.22%) Runoff
Clint Didier Republican 185,034 (12.76%) Defeated
Dino Rossi Republican 483,305 (33.33%) Runoff


Second Ballot November 2, 2010
Candidate Party Preference Support Outcome
Patty Murray Democratic 1,314,930 (52.36%) Elected
Dino Rossi Republican 1,196,164 (47.64%) Defeated


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. Didier and 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 had never run for elected office and was endorsed by Tea Party leaders 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.

Criticism

Critics of the nonpartisan blanket primary object to calling it an open primary
Open primary
An open primary is a primary election that does not require voters to be affiliated with a political party in order to vote for partisan candidates. In a traditional open primary, voters may select one party's ballot and vote for that party's nomination. As in a closed primary, the highest voted...

, and one judge in California even barred proponents from using the term in their advertisements. Additionally, critics also note the strong possibility of two candidates from the same party advancing to the second round; this becomes increasingly likely when one party runs drastically fewer candidates than another and thus faces less vote-splitting. Under the nonpartisan blanket primary, a party with two candidates and only 41% popular support would beat a party with three candidates and 59% popular support if voters split their votes evenly amongst candidates for their own party. The results of one study comparing the results in Washington state between the 2004 (closed) and 2008 (top two) primaries, indicate that the top two primary reduced the likelihood of running against a same party candidate and it reduced the likelihood that a strong incumbent would face a challenger from his or her own party.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK