In 2004, Washington changed its primary ballot system to advance the two people with the most votes into the general election, regardless of party affiliation, instead of having voters choose their top candidates on a primary ballot just for their chosen party. That can result — and often does — in two candidates from the same party competing in the November election.
Washington’s primary system was challenged in the courts and eventually received the blessing of the U.S. Supreme Court in 2008.
When Washington voters approved the top-two primary system, the Democratic, Republican and Libertarian parties all challenged the new law, saying the U.S. Constitution gives Americans the right to affiliate with a
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