Washington State

Office of the Attorney General

Attorney General

Bob Ferguson


OLYMPIA – The Attorney General’s Office today announced the state will seek U.S. Supreme Court review of the Ninth Circuit Court of Appeals decision, which upheld a lower court ruling invalidating the Initiative 872, the top-two primary initiative.

"The Ninth Circuit decision not only strikes down the election system selected by the people of Washington, but leaves the state in serious doubt as to what options it has in seeking to craft a primary that meets constitutional standards while reflecting the will of the people," said Attorney General Rob McKenna. "The Attorney General’s Office joins the Secretary of State’s office in standing behind the citizens’ right to initiative and we will continue to work to uphold the will of the people in our state."

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Janelle Guthrie, AG Communications Director, (360) 586-0725 or Kristin Alexander, (206) 464-6432