Reviews mixed on return to Montana-style primary

Ruling won't impact Grant County this year

GRANT COUNTY — The state's two major political parties are hailing the rejection of a "top two" primary system by a U.S. District Court judge, but the county's top elections official says the return to a "Montana-style" primary system could create confusion when voters are mailed their ballots next year.

Judge Thomas Zilly last week struck down Initiative 872, the primary voting system approved by voters last fall, as unconstitutional. The system would have sent the top two vote-getters on to the general election regardless of party, but Zilly said in his ruling that the state cannot allow voters to skip across party lines as they pick their favorite candidate for each office. Attorney General Rob McKenna has said he will appeal the ruling.

Grant County Auditor Bill Varney said the return to the "Montana-style" primary will not impact the county this year, as no partisan races are slated for the September ballot, but he said the switch will likely create confusion when voters are mailed their ballots in 2006.

Because of Grant County's recent switch to all-mail elections, envelopes mailed to voters will have to include ballots for both a Democrat and Republican ticket, as well as a ballot for voters wishing to vote only for non-partisan races. Grant County ran a Montana-style primary last September, but in a primary where a large chunk of voters still headed to the polls.

"It works," Varney said of the Montana-style primary, "it's just hard to administer."

In situations where votes are cast on more than one ballot, Varney said it is up to elections officers to determine which of those ballots should be counted. He said the system could provide more possibilities for voters to mess up their votes.

"In essence," Varney said, "they're just counting their vote out if they don't vote it right."

Grant County Republican Party Chairman Tom Dent said Tuesday that he doesn't think the Montana-style primary is confusing. Dent sits on the state GOP committee, and he repeated comments made by State GOP leaders last week that the top two primary system is unconstitutional.

"I believe the top two would eliminate the third parties," Dent said, "and I don't think that's right."

Dent said he believes the top two would eliminate choice in the general election, adding that he feels the voters should have those choices.

State Democrats gave similar support for the ruling declaring the "top two" primary unconstitutional, but longtime Grant County Democrat Don McDowall echoed Varney's concerns about the primary with the recent switch to all mail elections.

"I think the party as a whole is tickled to death," McDowall said, "It's just the ones that are here that have got to face it."

Grant County's primary this year isn't scheduled to have any partisan races, but Varney said as many as 16 counties will have to supply the different ballots for partisan primaries this September.

The Associated Press contributed to this report.