Washington state's top-two primary litigation is headed to the U.S. Supreme Court. Justices agreed to take on the case, which explores whether a voter-approved top-two system violates party free association and free speech rights.
Under top-two, the two highest vote-getters advance to a second runoff round regardless of party affiliation. A federal court in 2005 threw the system out on grounds it violated the parties' rights to free association.
FairVote entered the case in the 9th Circuit Court of Appeals as amicus curiae, arguing that the parties were in danger of seeking an overly broad ruling given that they were unaware of the instant runoff alternative.