Nonpartisan Primary Systems in the United States
The United States employs a variety of primary election systems to determine which candidates advance to a general election. While many states use party-specific primaries, several have adopted nonpartisan primaries—often referred to as "top-two" or "jungle" primaries. In these systems, all candidates run on a single ballot regardless of party affiliation, and the top vote-getters advance to the final round.
Key Facts
- California and Washington utilize a top-two nonpartisan primary for most state and federal offices.
- Alaska uses a top-four primary combined with ranked-choice voting for most elections.
- Top-two systems can result in two candidates from the same political party facing each other in the general election.
- Legal challenges in the early 2000s led to the transition from "blanket primaries" to the current nonpartisan models to protect party association rights.
- Special elections in states like Texas have historically used similar nonpartisan plurality formats.
The Evolution of Nonpartisan Primaries
The shift toward nonpartisan primaries was heavily influenced by judicial rulings. In 2000, the U.S. Supreme Court ruled in California Democratic Party v. Jones that "blanket primaries" were unconstitutional because they forced political parties to associate with candidates they did not endorse.
In response, states developed new models. California eventually passed Proposition 14 in 2010, establishing the "Top-Two Primary." Similarly, Washington state adopted a nonpartisan system via Initiative 872 in 2004, which was later upheld by the Supreme Court in 2008 in Washington State Grange v. Washington State Republican Party. Unlike the blanket primary, this system allows candidates to state a party preference without requiring the party's formal approval.
State-Specific Implementations
California
Under California's system, all candidates for statewide and congressional offices appear on one primary ballot. The top two finishers advance to the November general election. This system does not apply to presidential primaries, local offices, or nonpartisan roles such as judges.
A significant outcome of this system is the possibility of same-party general elections. For example, in the 2012 general election, eight congressional districts featured two candidates from the same party: six were Democrats and two were Republicans.
Washington
Washington's system is similar to California's but includes a unique approach to party identification. Candidates have up to 16 characters on the ballot to describe their party preference. Because this is a "preference" and not a formal declaration, candidates can use creative labels or assert affiliation without party permission.
Alaska
Alaska took a different approach with Measure 2, approved by voters in 2020. The state implemented a top-four primary, where the four candidates with the most votes advance to the general election. The final winner is then determined using ranked-choice voting, a system where voters rank candidates by preference. This applies to all state and federal elections except for the presidency.
Impact on Election Outcomes
Nonpartisan primaries can shift the political strategy of candidates. In Washington's 14th district in 2010, two Republicans advanced to the general election. To win, the incumbent had to move toward the political center to appeal to Democratic voters who had been eliminated in the primary.
Similarly, in the 2010 Washington U.S. Senate race, the top-two system allowed a more moderate Republican to defeat a Tea Party-endorsed candidate in the primary. This resulted in a more competitive general election against the Democratic incumbent, as the moderate candidate had broader appeal.
However, the system can also be used tactically. In Washington's 38th district in 2010, a Democratic challenger allegedly funded ads for a Republican candidate to ensure a moderate Democratic incumbent finished third and was eliminated from the race.
Comparative Summary of Systems
| State | Primary Type | Advancement | General Election Method |
|---|---|---|---|
| California | Top-Two | Top 2 candidates | Plurality |
| Washington | Top-Two | Top 2 candidates | Plurality |
| Alaska | Top-Four | Top 4 candidates | Ranked-Choice Voting |
Efforts and Failures in Other States
Several other states have attempted to adopt these systems without success. Oregon voters rejected similar measures in 2008 (Measure 65) and 2014 (Measure 90), despite millions of dollars in donations from Michael Bloomberg and John D. Arnold. In Florida, a 2020 amendment to adopt a top-two primary failed because it received 57% of the vote, falling short of the required 60% threshold.
Maryland also explored a top-two primary in 2019 via House Bill 26. During the process, organizations like FairVote and Common Cause provided testimony, raising concerns that a top-two system might not provide enough choice compared to top-three or proportional representation systems.
Frequently Asked Questions
What is a "jungle primary"?
A jungle primary, now often called a top-two or nonpartisan primary, is an election where all candidates, regardless of party, compete on a single ballot. The candidates who receive the most votes advance to the general election, regardless of their party affiliation.
Can two candidates from the same party run against each other in the general election?
Yes. In top-two systems like those in California and Washington, if the two highest vote-getters in the primary belong to the same party, they will both advance to the general election.
How does Alaska's system differ from California's?
While California advances the top two candidates to a plurality general election, Alaska advances the top four candidates and uses ranked-choice voting to determine the winner.
Why were blanket primaries ruled unconstitutional?
The U.S. Supreme Court ruled that blanket primaries violated the First Amendment rights of political parties by forcing them to associate with candidates the party did not officially endorse.
Does the nonpartisan primary apply to presidential elections?
No. In the states mentioned, such as California, Washington, and Alaska, the nonpartisan primary system does not apply to the election of the President of the United States.