Washington State Democratic Central Committee v. Washington State Grange

Petition for certiorari denied on October 1, 2012

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Docket No. Op. Below Argument Opinion Vote Author Term
11-1263 9th Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether, when the State of Washington asserts that a general disclaimer prevents voter perceptions that candidates are associated with the party that the candidate “prefers,” it bears the burden of showing the risk of forced association is in fact reduced to a constitutionally acceptable level; (2) whether the principles articulated by federal courts evaluating trademark misuse claims should be applied by analogy in evaluating the likelihood of voter confusion under “top two” systems, in which the candidate for office may choose to appear on the ballot in conjunction with a political party’s name without the party’s consent; and (3) if Washington’s partisan top two system as implemented need not pass strict scrutiny, whether it nevertheless fails to qualify as a reasonable and politically neutral regulation that advances an important state interest.

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