State of Elections

William & Mary Law School | Election Law Society

Tag: Washington State Grange v. Washington State Republican Party

Primaries and Parties: Fusion Confusion?

By: Jonathan Barsky

This is the second of two posts raising potential constitutional flaws in California’s recently adopted “Top Two” primary system. This system allows the two candidates who receive the most votes, regardless of party affiliation, to advance to the general election in a wide array of state and federal races. This post will analyze a First Amendment objection rooted in the associational rights of political parties.

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Top Two Primaries and Third Party Voters: A Due Process Mathematical Mismatch

By: Jonathan Barsky

California currently employs an unusual electoral system, which is colloquially known as the “Top Two” primary, in both federal and state elections. Under this system, all of the candidates are thrown into a nonpartisan “jungle primary” that takes place in June and the two candidates who earn the most votes, regardless of party affiliation, advance to the November general election. The only exception to these rules is the presidential election, which still remains open to all major party candidates and several minor party and write-in candidates.

Over two posts, I will address potential constitutional flaws in California’s primary system. This post will discuss a Fourteenth Amendment injury that voters suffer stemming from the Due Process Clause, while the second post will analyze a First Amendment objection rooted in the associational rights of political parties, focusing on California Democratic Party v. Jones and Washington State Grange v. Washington State Republican Party.

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Welcome to the Jungle: Senate Majority May Come Down to Louisiana

By Staff Writer

Pundits have framed this year’s election cycle as having the potential to shift control of the United States Senate from Democrats to Republicans—and given the sheer number of close races across the country, nearly every seat in serious contention has the makings of being the deciding race. Due to Louisiana’s unusual election laws, however, the chattering class might not know which way the pendulum will swing until long after Election Day on November 4th. Continue reading

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