The Washington State Legislature passed a new primary system in 2004, which would have created a nonpartisan blanket, or top-two, primary system, with an open primary as a backup, giving the governor the option to choose.
On March 18, 2008, the US Supreme Court ruled, in Washington State Grange v. Washington State Republican Party, that Washington's Initiative 872 was constitutionally permissible, because unlike the earlier blanket primary, it officially disregards party affiliation while allowing candidates to state their party preference.