HOME

TheInfoList



OR:

A nonpartisan primary, top-two primary, or jungle primary is a primary election in which all candidates for the same elected office run against each other at once, regardless of political party. This distinguishes them from partisan primaries, which are segregated by political party. This is the first round of a
two-round system The two-round system (TRS or 2RS), sometimes called ballotage, top-two runoff, or two-round plurality, is a single-winner electoral system which aims to elect a member who has support of the majority of voters. The two-round system involves one ...
. As opposed to most two-round systems, the "first round" is a primary held ''before'' Election Day, and the "second round" is not optional (most two-round systems skip the second round if the winner of the first one gets more than 50%). A two-round system where the first round is held on Election Day is known in the US as ''runoff voting'' or ''top-two runoff''. Advocates claim two-round systems will elect more moderate candidates, as members of a minority party could vote for a more moderate candidate from the majority party, with some
political scientists The following is a list of notable political scientists. Political science is the scientific study of politics, a social science dealing with systems of governance and power. A * Robert Abelson – Yale University psychologist and political ...
expressing similar views. However, empirical research on the system have found no effect on candidate moderation or turnout among independent voters. A first round with only two winners is also susceptible to vote-splitting: the more candidates from the same party run in the primary, the more likely that party is to lose. The top-two system is used for all primaries in Washington and
California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
(except presidential primaries).
Alaska Alaska ( ) is a non-contiguous U.S. state on the northwest extremity of North America. Part of the Western United States region, it is one of the two non-contiguous U.S. states, alongside Hawaii. Alaska is also considered to be the north ...
has used a highly-similar top-four primary with a ranked-choice runoff since the 2022 House special election.


Candidate party preference and ballot disclaimer

The nonpartisan (jungle) primary is different from the partisan
blanket primary The blanket primary is a system used for selecting political party candidates in a Partisan primary, primary election, used in Argentina and historically in the United States. In a blanket primary, voters may pick one candidate for each office wit ...
. They are similar in that voters can vote in the first round for a candidate from any political party. The partisan blanket primary was used in Washington for nearly 65 years and briefly in California. However, the blanket primary was ruled unconstitutional in 2000 by the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
in '' California Democratic Party v. Jones'', as it forced political parties to associate with candidates they did not endorse. The nonpartisan (jungle) primary disregards party preference in determining the candidates to advance to the
general election A general election is an electoral process to choose most or all members of a governing body at the same time. They are distinct from By-election, by-elections, which fill individual seats that have become vacant between general elections. Gener ...
, and for that reason, it was ruled '' facially'' constitutional by the Supreme Court in the 2008 decision ''Washington State Grange v. Washington State Republican Party''. Chief Justice
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American jurist serving since 2005 as the 17th chief justice of the United States. He has been described as having a Moderate conservatism, moderate conservative judicial philosophy, thoug ...
concurred in the 2008 decision, stating: "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 they prefer. Ballots must feature disclaimers that a candidate's preference does not imply the candidate is nominated or endorsed by the party or that the party approves of or associates with the candidate. Subsequent '' as applied challenges'' were rejected by lower courts. On October 1, 2012, the US Supreme Court refused to hear appeals from Washington Libertarian Party and Washington State Democratic Party. The Washington State Republican Party had earlier dropped out of the appeal process.


United States

Both Washington and California implement a two-winner nonpartisan primary by plurality vote. The plan is used in
Texas Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...
and other states in special elections but not primaries. A notable example involved former US Senator
Phil Gramm William Philip Gramm (born July 8, 1942) is an American economist and politician who represented Texas in both chambers of United States Congress, Congress. Though he began his political career as a Democratic Party (United States), Democrat, Gr ...
, who in 1983 (while a member of the House of Representatives), after switching from the Democratic to the Republican Party, resigned his seat as a Democrat on January 5, ran as a Republican for his own vacancy in a special election held on February 12, and won rather handily. There have also been efforts in
Oregon Oregon ( , ) is a U.S. state, state in the Pacific Northwest region of the United States. It is a part of the Western U.S., with the Columbia River delineating much of Oregon's northern boundary with Washington (state), Washington, while t ...
to pass a similar law. However, the Oregon Senate rejected it in May 2007, and it failed in a November 2008 referendum as Measure 65. Oregon voters defeated it again in November 2014 as Measure 90, despite a $2.1 million donation from former New York City Mayor Michael Bloomberg and a $2.75 million donation from former Enron executive John D. Arnold to support it. Maryland has explored a top-two primary, erroneously naming it an open primary, such as in 2019 House Bill 26. Testimony was provided by several organizations, including
FairVote FairVote is a 501(c)(3) organization and lobbying group in the United States. It was founded in 1992 as Citizens for Proportional Representation to support the implementation of proportional representation in American elections. Its focus chan ...
and Common Cause, and independent constituents, and included statements about Condorcet systems, proportional representation and
single transferable vote The single transferable vote (STV) or proportional-ranked choice voting (P-RCV) is a multi-winner electoral system in which each voter casts a single vote in the form of a ranked ballot. Voters have the option to rank candidates, and their vot ...
, and concerns that a top-two rather than top-three or more primary would not supply adequate choice for voters. In Florida, an amendment to adopt the top-two primary was unsuccessful in 2020. 57% of votes were in favor but this failed to reach the threshold of 60% to pass.


Alaska

In the
2020 Alaska elections Alaska state elections in 2020 were held on Tuesday, November 3, 2020. Aside from its party-run Democratic presidential primary held on April 10 (not including the Republican Party (United States), Republican Party presidential primary which w ...
, voters approved Measure 2, which replaced party primaries with a single non-partisan primary, a top-four primary. The top 4 candidates advance to a general election that uses ranked-choice voting. It is used for all state and federal elections except for the president.


California

California's
blanket primary The blanket primary is a system used for selecting political party candidates in a Partisan primary, primary election, used in Argentina and historically in the United States. In a blanket primary, voters may pick one candidate for each office wit ...
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 jungle 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. Under Proposition 14, statewide and congressional candidates in California, regardless of party preference, participate in the jungle 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. The California Secretary of State now calls the system a "Top-Two Primary".


Federal elections

The 2012 general election was the first non-special election in California to use the jungle 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.


California 15th Congressional District, 2012

The 15th district is based in the
East Bay The East Bay is the eastern region of the San Francisco Bay Area and includes cities along the eastern shores of San Francisco Bay and San Pablo Bay. The region has grown to include inland communities in Alameda and Contra Costa counties. Wi ...
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.


Washington (state)

Along with
California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
and
Alaska Alaska ( ) is a non-contiguous U.S. state on the northwest extremity of North America. Part of the Western United States region, it is one of the two non-contiguous U.S. states, alongside Hawaii. Alaska is also considered to be the north ...
, Washington had a
blanket primary The blanket primary is a system used for selecting political party candidates in a Partisan primary, primary election, used in Argentina and historically in the United States. In a blanket primary, voters may pick one candidate for each office wit ...
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. The Washington State Legislature passed a new primary system in 2004, which would have created a top-two nonpartisan 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 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 (jungle) 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 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. Washington state implemented this Top 2 primary, starting in the 2008 election, which applies to federal, state, and local elections, but not to presidential elections. 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. 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. 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.


Washington state legislature, 14th district, 2010

First Ballot, August 17, 2010 Second Ballot November 2, 2010General election results for Washington state, 2010
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.


Washington state legislature, 38th district, State Senate, 2010

First Ballot August 17, 2010 Second Ballot November 2, 2010 In this heavily Democratic district, Berkey was officially endorsed by the 38th District Democratic Party. 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.''The Seattle Times'' November 2, 2010, "Time for a do-over in the 38th Legislative District's Senate primary" ''The Seattle Times'' August 22, 2010, "State Sen. Jean Berkey asks PDC to set aside election results" 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". 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. Harper easily won the subsequent uncompetitive runoff election.


Washington state US Senate race, 2010

First Ballot, August 17, 2010 (only top three vote-getters listed) Second Ballot November 2, 2010 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 The National Football League (NFL) is a Professional gridiron football, professional American football league in the United States. Composed of 32 teams, it is divided equally between the American Football Conference (AFC) and the National ...
's
Washington Redskins The Washington Commanders are a professional American football team based in the Washington metropolitan area. The Commanders compete in the National Football League (NFL) as a member of the National Football Conference (NFC) NFC East, East ...
, 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.


Washington 4th Congressional District, 2014

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. 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 Christine Gregoire (; née O'Grady; born March 24, 1947) is an American attorney and politician who served as the List of governors of Washington, 22nd governor of Washington, from 2005 to 2013. A member of the Democratic Party (United States), D ...
and Jay Inslee and former State Representative. In a close general election, Newhouse prevailed.


Analysis

Though the intention is to allow multiple candidates from the majority party to advance to the second round, critics note that this can also happen to a minority party when that party runs 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 among candidates for their own party. For example, in Washington's 2016 primary for state treasurer, Democrats won a majority of the vote but failed to move on to the general election: Political science professor Todd Donovan published an article in 2012 for the ''California Journal of Politics & Policy'' called "The Top Two Primary: What Can California Learn from Washington?" Donovan was the only
expert witness An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as ...
in favor of the top-two idea, for the ''as applied'' court challenge of Top-Two. His academic paper states, "The partisan structure of Washington's legislature appears unaltered by the new primary system." Donovan concluded, "The aggregate of all this did not add up to a legislature that looked different or functioned differently from the legislature elected under a partisan primary." In Washington, major parties originally used an alternate process of party endorsement for partisan legislative and county administrative positions. This would ensure that one official party candidate will be in the primary, theoretically reducing the risk of intra-party vote-splits. However, the law does not allow nominations or endorsements by interest groups, political action committees, political parties, labor unions, editorial boards, or other private organizations to be printed on the ballot. The indication of party ''preference'' as opposed to party ''affiliation'' opens the door for candidates to misrepresent their leanings or otherwise confuse voters. In 2008, a Washington gubernatorial candidate indicated party preference as "G.O.P." instead of Republican. A public poll found that 25% of the public did not know that the two terms mean the same thing.The Elway press release to news organizations was reprinted in Further research on California's 2012 jungle primaries suggests that a jungle primary does not tend to lead to large amounts of crossover votes. Most voters who crossed over did so for strategic reasons. Furthermore, there is evidence that having the top two candidates from the same party could lead to a drop in voter participation in the second round. With regards to reducing political polarization, this does not seem to hold true. Due to lack of crossover votes, an extreme candidate from the majority party can still win over a moderate from either party.


See also

*
Instant-runoff voting Instant-runoff voting (IRV; ranked-choice voting (RCV), preferential voting, alternative vote) is a single-winner ranked voting election system where Sequential loser method, one or more eliminations are used to simulate Runoff (election), ...
*
Two-round system The two-round system (TRS or 2RS), sometimes called ballotage, top-two runoff, or two-round plurality, is a single-winner electoral system which aims to elect a member who has support of the majority of voters. The two-round system involves one ...
* Two-party-preferred vote


References


Notes


External links


Land of a Thousand Liebermans
analysis by
Nate Silver Nathaniel Read Silver (born January 13, 1978) is an American statistician, political analyst, author, sports gambler, and poker player who Sabermetrics, analyzes baseball, basketball and Psephology, elections. He is the founder of ''FiveThirty ...
of ''
FiveThirtyEight.com ''FiveThirtyEight'', also rendered as ''538'', was an American website that focused on opinion poll analysis, politics, economics, and sports blogging in the United States. The website, which took its name from the number of electors in the U ...
''
Will California's 'Top Two' Primary Work?
''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' provides six views on new California primary
Washington's top-two primary gets voters the better choice
''
The Seattle Times ''The Seattle Times'' is an American daily newspaper based in Seattle, Washington. Founded in 1891, ''The Seattle Times'' has the largest circulation of any newspaper in the state of Washington and the Pacific Northwest region. The Seattle Time ...
'' editorial praising Top Two primary in Washington state 2010 elections
Top Two primary worth considering
advocating Top Two primary for Arizona

The ''
Los Angeles Times The ''Los Angeles Times'' is an American Newspaper#Daily, daily newspaper that began publishing in Los Angeles, California, in 1881. Based in the Greater Los Angeles city of El Segundo, California, El Segundo since 2018, it is the List of new ...
'' presents two views on the Top Two primary
Stop Top Two
Free and Equal Elections Foundation, a coalition of independent and minority party activists opposing the Top Two primary

upholding top-two primary {{U.S. political divisions electoral reform, state=expanded California elections Washington (state) elections Primary elections Elections in the United States Single-winner electoral systems