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A nonpartisan blanket primary (also known as a Louisiana primary) is a primary election in which all candidates for elected office run in the same primary regardless of political party. Under this system, the top two vote getters advance to the next round, similar to a runoff election. However, there is no separate nomination process for candidates before the first round, and it is entirely possible that two candidates of the same party could advance to the second. Because voters can vote in the first round for a candidate from any political party, the nonpartisan blanket primary has been compared to the original blanket primary used briefly in California.

Use in Louisiana

This format has only been used for regular elections in the U.S. state of Louisiana. The 1976 House and Senate elections were the last in Louisiana under the closed primary system for approximately 30 years. Starting in the 1978 House and Senate elections were switched to the nonpartisan blanket primary format, which had already begun for state elections in 1975. The only labels originally permitted under the Louisiana law were "Democrat," "Republican," and "No Party"; however, as of 2008 the labels of any "registered political party" may be used.^[1]

There is a second round (runoff) between the top two candidates if no candidate wins a simple majority (at least 50 percent plus one vote) in the first round of balloting. This happens more often with open seats, as incumbents more easily win majorities. The runoff constitutes the "general election" under Louisiana law even if the "general election" had two candidates of the same party, a phenomenon which frequently occurs.

The nonpartisan blanket primary was adopted by the Louisiana State Legislature at the insistence of powerful Democratic Governor Edwin Edwards (1972–1980; 1984–1988; 1992–1996) as a way to reduce growing Republican strength in traditionally Democratic Louisiana. The plan, in the long run, did not achieve that particular purpose, but it did save candidates from possibly having to undergo three contested elections to win office.^{citation needed}

The nonpartisan blanket primary was never used for presidential primaries in Louisiana because national party rules forbid it. To participate in presidential primaries, Louisiana voters must be registered members of their party at least 30 days before the election. Federal courts have upheld the constitutionality of the unique Louisiana system.^{citation needed}

This system was held to be in violation of federal law when used for elections to the United States House of Representatives and Senate in 1997 by the Supreme Court in Foster v. Love. After the decision, Louisiana moved the congressional primary date to November and the run-off to December. In May 2005, Louisiana passed a law moving the primary back to October, with provisions intended to follow federal law. Experts are skeptical on whether this change will be allowed.

In June 2006 Louisiana Governor Kathleen Blanco signed Senate Bill No. 18,^[1] which became Act No. 560^[2] into law. Starting in 2008, Congressional races have returned to the closed primary system. The nonpartisan blanket primary remains in effect for state and local races.

Sometimes the Louisiana system has been referred to as an "open primary", but that name is also used for a form of partisan primary that is "open" to unaffiliated voters.

Use outside of Louisiana

The plan is also used in Texas and some other states in special elections, but not primaries. California, Alaska, and Washington have used similar systems, and there is an effort in Oregon to pass a similar law^{dubious – discuss}; the Oregon Senate rejected it in May 2007^[3], but its proponents plan an initiative movement in 2008.^{citation needed}.

Likewise, other elections throughout the United States such as mayoral elections, local council elections, and school boards, etc. may operate as non-partisan or semi-non-partisan elections. Such examples include Mobile, Alabama city council and mayoral elections and the Fresno, California mayoral primary.

On March 18, 2008, the United States Supreme Court ruled in Washington State Grange v. Washington State Republican Party that Washington's Initiative 872, which created a nonpartisan blanket primary in that state, was constitutionally permissible; Louisiana's jungle primary is virtually identical, and thus remains presumptively constitutional.^[2]

California's Proposition 62 was a failed initiative to bring the Louisiana primary to California.

Example

First Ballot, October 19, 1991

Second Ballot, November 16, 1991

Criticism

Critics of the nonpartisan blanket party object to calling it an open primary, and one judge in California even barred proponents from using the term in their advertisements.^[4] Additionally, critics also note the strong possibility of two candidates from the same party advancing to the second round; this becomes increasingly likely when one party runs drastically fewer candidates than another and thus faces less vote-splitting. Under the nonpartisan blanket primary, a party with two candidates and only 41% popular support would beat a party with three candidates and 59% popular support if voters split their votes evenly amongst candidates for their own party.

References

1. ^  Senate Bill No. 18
2. ^  Oregon Senate Bill Votes
3. ^  SB18 - 2006 Regular Session (Act 560)
4. ^  Myths vs. Facts: Proposition 62