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Originally published October 2, 2008 at 12:00 AM | Page modified October 3, 2008 at 12:00 AM

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"Top two" lawsuit back to U.S. District Court

A federal judge in Seattle will get another look at the political parties' lawsuit against Washington state's "top two" primary. A Thursday order from...

OLYMPIA — A federal judge in Seattle will get another look at the political parties' lawsuit against Washington state's "top two" primary.

A Thursday order from the 9th U.S. Circuit Court of Appeals sends remaining parts of the parties' challenge back to U.S. District Court in Seattle.

The parties lost several claims earlier this year at the U.S. Supreme Court. But the 9th Circuit says a lower judge can hear more evidence about claims that the primary limits access to the ballot, or infringes on political party trademarks.

State attorneys think the Supreme Court resolved those issues. The parties disagree.

The first top-two primary was held in August. It moves the top two vote-getters to the general election, regardless of party.

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