March 18, 2008

In Shocker, Supreme Court on 7-2 Vote Upholds Washington State Primary

You can find the Court's opinion here. The Court, and particularly Justice Roberts, leaves open the possibility of an as-applied challenge to the law later upon proof that voters are actually confused by the designations of the candidates' party preferences on the ballot (thinking that this is really a party primary).

I must say that I am pleasantly shocked by this outcome from the point of view of the blanket primary, and think it will reinvigorate efforts to enact such a system in California. [Disclosure: I was on the legal team drafting a similar measure that appeared on the California ballot a few years ago.]

On the other hand, I am very troubled by the Court's discussion of facial challenges in election law, and especially what that's going to mean for the Indiana voter identificatiion case.

Posted by Rick Hasen at March 18, 2008 07:25 AM