The State argues that “[s]ince party affiliation plays no role in determining which candidates advance to the general election, the primary established by [Initiative 872] cannot in any way be regarded as determining party nominees,” and that a statement of “party preference” does not imply nomination, endorsement, or support of any political party.
See State Response, docket no. 65, at 19–20. The Grange also argues that any statement of party preference by a candidate is absolutely protected by the First Amendment. These arguments also must fail. Party affiliation undeniably plays a role in determining the candidate voters will select, whether it is characterized as “affiliation” or “preference.”
Tashjian, 479 U.S. at 220, 107 S.Ct. 544. Party labels provide a shorthand designation of the views of party candidates on matters of public concern and play a role in the exercise of voting rights.
Id. Candidates identified with their “preferred” party designation will “carry [the party] standard in the general election.”
See Republican Opening Brief, docket no. 49, at 7. Any attempt to distinguish a “preferred” party from an “affiliated” party is unavailing in light of Washington law.
See Wash. Rev.Code § 29A.24.030 (“Included on the standard form shall be ... [f]or partisan offices only, a place for the candidate to indicate his or her major or minor party preference, or independent status”);
Wash. Rev.Code § 29A.52.311 (County Auditors required to publish notice of the election with “the proper party designation” of each candidate);
Wash Rev.Code § 29A.52.112(3) (Candidate expressing a political party “preference” will have that preference “shown after the name of the candidate on the primary and general election ballots.”);
see also Pharris Decl., docket no. 66, Ex. A (2004 Voters' Pamphlet at 11) (“The primary ballot [under Initiative 872] would include ... major party and minor party candidates and independents.”).