Top Two Primary: FAQs for Candidates | WA Secretary of State
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Top Two Primary: FAQs for Candidates | WA Secretary of State
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Top Two Primary: FAQs for Candidates
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Top Two Primary: FAQs For Candidates
What is a Top Two Primary?
The Washington Top Two Primary allows voters to choose among all candidates running for each office. Voters do not have to declare a party affiliation to vote in the primary.
Candidates for partisan office may state a preference for a political party, which is listed on the ballot. The two candidates who receive the most votes in the primary election qualify for the general election. Candidates must also receive at least 1% of the votes cast in that race to advance to the General Election.
What does the candidate's “party preference” mean in a top two primary?
Each candidate for partisan office may state a political party that he or she prefers. A candidate's preference does not imply that the candidate is nominated or endorsed by the party, or that the party approves of or associates with that candidate.
How did the Washington Top Two Primary become law?
The Top Two Primary was passed by the people in 2004 as an initiative. I-872 passed by almost 60%. This system was upheld by the U.S. Supreme Court in March 2008 and used for the first time in the 2008 primary. It has been in effect for all partisan elections since 2008.
Could a race in the general election include two candidates who prefer the same party?
Yes. The candidates in each race who advance to the general election will be the two who receive the most votes in the primary. It is possible that both candidates who advance to the general election prefer the same party.
Can a voter still write in a candidate?
Yes. Each race on the ballot will still have a write in line for a voter to write in the name of a candidate.
What offices are affected?
The Washington Top Two Primary applies to elections for partisan office. This includes the U.S. Senate and House of Representatives, the state legislature, partisan statewide offices such as governor, and partisan county offices such as county commissioner or county treasurer.
The top two primary does not apply to elections for:
President and vice president;
Nonpartisan offices, such as judicial office, municipal office, or a district such as fire district or school board. Nonpartisan offices have a similar primary system that winnows the number of candidates to two. Those candidates advance to the general election.
Precinct Committee Officers (PCOs);
Can the political parties prevent a candidate from expressing a preference for their party?
No. Candidates are permitted to express a preference for any political party. The candidate is only representing themself, not a political party, when they appear on the ballot.
Can political parties still nominate candidates?
Yes. State law no longer dictates how political parties conduct their nominations. Now, the state and local parties decide how to conduct their nominations. The rules for party-run nominations vary party to party, and even between the state and local parties. Political parties can nominate multiple candidates for the same race. The Supreme Court stated:
"Whether parties nominate their own candidates outside the state-run primary is simply irrelevant. In fact, parties may now nominate candidates by whatever mechanism they choose because I-872 repealed Washington's prior regulations governing party nominations."
Can the political parties demand that their nominees be distinguished on the ballot?
No. 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 Supreme Court ruled the political parties do not have a constitutional right to have their nominees distinguished on the ballot.
Candidates can promote themselves in voters' pamphlets, advertisements, and other forums as the nominees of a political party.
Once candidate filing week is over, can a major party fill vacancies on the major party ticket?
No. This process was specifically repealed in I-872 because there is no major party ticket in a top two primary. All candidates are treated the same.
A race will only be reopened for a special filing period if there is a void in candidacy meaning no candidate filed during the regular filing period.
In races where only one or two candidates filed, will that race skip the primary and only appear on the general election ballot?
No. Even in races where only one or two candidates filed for a partisan office, that race will still appear in the primary election.
If a candidate for partisan office who was one of the top two vote-getters in the primary dies or is disqualified before the general election, will the party be allowed to name a replacement?
No. In a top two primary, a candidate's party preference is purely for informational purposes and does not play any role in the administration of the election. Because the candidates are not representatives or nominees of a political party, a party is not allowed to name a replacement candidate. The laws that previously allowed the political parties to replace deceased or disqualified candidates was repealed in I-872.
How do candidates place information in the State Voters' Pamphlet?
Candidates for the following offices may place biographical information, a campaign statement, and a photograph in the State Voters' Pamphlet.
President
U.S. Senator
U.S. Representative
Governor
Lt. Governor
Secretary of State
State Treasurer
State Auditor
Attorney General
Commissioner of Public Lands
Superintendent of Public Instruction
Insurance Commissioner
State Supreme Court Justice
Court of Appeals Judge
Superior Court Judge
State Senator
State Representatives
The deadline to submit pamphlet profiles is 11 days after the final day of the candidate filing period. All statements and photographs submitted will be reviewed by the Elections Division of the Office of the Secretary of State to ensure that the information meets Voters' Pamphlet requirements.
How do county candidates get information into local Voters' Pamphlets?
Contact your local
County Elections Office
to inquire about getting your information into a local online or printed Voters' Pamphlet.
Where can I find more information about Washington's Top Two Primary?
Top Two Primary Litigation
: information about Initiative 872, the administrative rules to implement, and the court documents in the legal challenge.
Top Two Primary: Frequently Asked Questions for voters
History of the Washington State Primary
Are minor party candidates still required to conduct conventions and collect signatures to run for office?
No. All candidates use the same procedures to file for office and appear on the primary election ballot. Top two primaries even the playing field for candidates. Candidates may list any party as the party that they prefer.
Minor party and independent candidates for President and Vice President are an exception. They must still collect signatures and obtain the consent of the candidates. For more information, see
Running for President of the United States
.
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Top Two Primary: FAQs for Candidates
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Frequently Asked Questions
Top Two Primary: FAQs For Candidates
What is a Top Two Primary?
The Washington Top Two Primary allows voters to choose among all candidates running for each office. Voters do not have to declare a party affiliation to vote in the primary.
Candidates for partisan office may state a preference for a political party, which is listed on the ballot. The two candidates who receive the most votes in the primary election qualify for the general election. Candidates must also receive at least 1% of the votes cast in that race to advance to the General Election.
What does the candidate's “party preference” mean in a top two primary?
Each candidate for partisan office may state a political party that he or she prefers. A candidate's preference does not imply that the candidate is nominated or endorsed by the party, or that the party approves of or associates with that candidate.
How did the Washington Top Two Primary become law?
The Top Two Primary was passed by the people in 2004 as an initiative. I-872 passed by almost 60%. This system was upheld by the U.S. Supreme Court in March 2008 and used for the first time in the 2008 primary. It has been in effect for all partisan elections since 2008.
Could a race in the general election include two candidates who prefer the same party?
Yes. The candidates in each race who advance to the general election will be the two who receive the most votes in the primary. It is possible that both candidates who advance to the general election prefer the same party.
Can a voter still write in a candidate?
Yes. Each race on the ballot will still have a write in line for a voter to write in the name of a candidate.
What offices are affected?
The Washington Top Two Primary applies to elections for partisan office. This includes the U.S. Senate and House of Representatives, the state legislature, partisan statewide offices such as governor, and partisan county offices such as county commissioner or county treasurer.
The top two primary does not apply to elections for:
President and vice president;
Nonpartisan offices, such as judicial office, municipal office, or a district such as fire district or school board. Nonpartisan offices have a similar primary system that winnows the number of candidates to two. Those candidates advance to the general election.
Precinct Committee Officers (PCOs);
Can the political parties prevent a candidate from expressing a preference for their party?
No. Candidates are permitted to express a preference for any political party. The candidate is only representing themself, not a political party, when they appear on the ballot.
Can political parties still nominate candidates?
Yes. State law no longer dictates how political parties conduct their nominations. Now, the state and local parties decide how to conduct their nominations. The rules for party-run nominations vary party to party, and even between the state and local parties. Political parties can nominate multiple candidates for the same race. The Supreme Court stated:
"Whether parties nominate their own candidates outside the state-run primary is simply irrelevant. In fact, parties may now nominate candidates by whatever mechanism they choose because I-872 repealed Washington's prior regulations governing party nominations."
Can the political parties demand that their nominees be distinguished on the ballot?
No. 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 Supreme Court ruled the political parties do not have a constitutional right to have their nominees distinguished on the ballot.
Candidates can promote themselves in voters' pamphlets, advertisements, and other forums as the nominees of a political party.
Once candidate filing week is over, can a major party fill vacancies on the major party ticket?
No. This process was specifically repealed in I-872 because there is no major party ticket in a top two primary. All candidates are treated the same.
A race will only be reopened for a special filing period if there is a void in candidacy meaning no candidate filed during the regular filing period.
In races where only one or two candidates filed, will that race skip the primary and only appear on the general election ballot?
No. Even in races where only one or two candidates filed for a partisan office, that race will still appear in the primary election.
If a candidate for partisan office who was one of the top two vote-getters in the primary dies or is disqualified before the general election, will the party be allowed to name a replacement?
No. In a top two primary, a candidate's party preference is purely for informational purposes and does not play any role in the administration of the election. Because the candidates are not representatives or nominees of a political party, a party is not allowed to name a replacement candidate. The laws that previously allowed the political parties to replace deceased or disqualified candidates was repealed in I-872.
How do candidates place information in the State Voters' Pamphlet?
Candidates for the following offices may place biographical information, a campaign statement, and a photograph in the State Voters' Pamphlet.
President
U.S. Senator
U.S. Representative
Governor
Lt. Governor
Secretary of State
State Treasurer
State Auditor
Attorney General
Commissioner of Public Lands
Superintendent of Public Instruction
Insurance Commissioner
State Supreme Court Justice
Court of Appeals Judge
Superior Court Judge
State Senator
State Representatives
The deadline to submit pamphlet profiles is 11 days after the final day of the candidate filing period. All statements and photographs submitted will be reviewed by the Elections Division of the Office of the Secretary of State to ensure that the information meets Voters' Pamphlet requirements.
How do county candidates get information into local Voters' Pamphlets?
Contact your local
County Elections Office
to inquire about getting your information into a local online or printed Voters' Pamphlet.
Where can I find more information about Washington's Top Two Primary?
Top Two Primary Litigation
: information about Initiative 872, the administrative rules to implement, and the court documents in the legal challenge.
Top Two Primary: Frequently Asked Questions for voters
History of the Washington State Primary
Are minor party candidates still required to conduct conventions and collect signatures to run for office?
No. All candidates use the same procedures to file for office and appear on the primary election ballot. Top two primaries even the playing field for candidates. Candidates may list any party as the party that they prefer.
Minor party and independent candidates for President and Vice President are an exception. They must still collect signatures and obtain the consent of the candidates. For more information, see
Running for President of the United States
.
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Period of Duration
Online Filing Instructions
Close a Corporation Online
Close an LLC, PLLC, LP, LLP, LLLP Online
File an Annual Report (Multiple Entity Tpyes) Online
File an Annual Report (Nonprofit 24.03A Only) Online
Register a Foreign (Non-WA) Limited Liability Company (LLC) Online
Register a Foreign (Non-WA) Limited Liability Limited Partnership (LLLP) Online
Register a Foreign (Non-WA) Limited Liability Partnership (LLP) Online
Register a Foreign (Non-WA) Professional Limited Liability Company (PLLC) Online
Register a Foreign (Non-WA) Professional Limited Liability Partnership (PLLP) Online
Register a Foreign (Non-WA) Professional Service Corporation Online
Register a Foreign (Non-WA) Profit Corporation Online
Reinstate a LLC, PLLC, Profit or Professional Service Corporation Online
Reinstate a Nonprofit Miscellaneous & Mutual Corporation Online
Reinstate a Nonprofit or Nonprofit Professional Service Corporation Online
Requalify an LLC, PLLC, Profit or Professional Service Corporation Online
Start a Domestic (WA) LP or LLLP Online
Start a Domestic (WA) Limited Liability Corporation Online
Start a Domestic (WA) Limited Liability Partnership (LLP) Online
Start a Domestic (WA) Nonprofit Corporation Online
Start a Domestic (WA) Nonprofit Professional Service Corporation Online
Start a Domestic (WA) Professional Limited Liability Corporation (PLLC) Online
Start a Domestic (WA) Professional Limited Liability Partnership (PLLP) Online
Start a Domestic (WA) Profit Corporation Online
Start a Domestic (WA) Profit Professional Service Corporation Online
Start a Domestic (WA) Social Purpose Corporation Online
Submit an Amended Annual Report (All Entity Types) Online
Submit an Initial Report (All Entity Types except NPs) Online
Ownership
Start or Register a Business
Register a Foreign (Non-WA) Business
Start a Domestic (WA) Business
Steps after Registration with the Secretary of State
Update Business Information
Voluntary Business Closure: Dissolution or Withdrawal
Nonprofits & Charities
Organization Search
Nonprofits
Download Forms
2022 Nonprofit Law and Process Changes
Charities
All Forms
Disclosure Requirements
Commercial Fundraisers
Fee Schedule for Commercial Fundraisers
Want to Renew Your Commercial Fundraiser Registration Early?
Charitable Trusts
Fee Schedule for Charitable Trusts
Information for Donors
Resources for Donors
Frequently Asked Questions by Donors
Storefront Solicitors- Where does your donation go?
National "Do Not Call" Registry
Reducing Unwanted Telephone Solicitations and Junk Mail
Assured Giving
Commercial Fundraiser Activity Reports
To File a Complaint
Nonprofit & Charity Resources
Apostilles Program
Apostilles Frequently Asked Questions
Apostille and Certificate Authenticity Search
Contact Information and Location - Apostilles
Additional Services
Service of Process/Summons and Complaint
Trademarks
Domestic Partnerships
Domestic Partnership FAQs
Laws and Regulations
International Student Exchange Agency Program (ISEA)
Massachusetts Trust Registration
Fish Marketing Act
Resources
Business Entities
Washington State Small Business Guide
Washington Office of Minority and Women’s Business Enterprises (OMWBE)
Veteran Owned Business Certification
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