UPDATED: Party lawyers breathe new life into potential top two death

State Democratic Party lawyer David McDonald, who is also a member of the Democratic National Committee, told state attorneys yesterday that the "top two" primary runs contrary to a federal court order of 2005 and as a result would call into question the legality of this year's vote.

David Postman reports on McDonald's letter at the Times that McDonald's letter was brought about by a call for "supplemental briefing materials" from the 9th Circuit Court of Appeals last week, signaling that the case still had some life despite being upheld by the Supreme Court in March.

"Proceeding with the planned August primaries and November elections in violation of this injunction will expose all of the results to challenge," McDonald said in his letter, "potentially wasting significant taxpayer resources on elections that have to be redone."

Both major parties are strongly against the top two primary system because it takes away their ability to nominate a standard bearer, though the Democrats have been the most actively against it. So far they have created a controversial nomination process, held a conference at their state convention discussing its myriad problems, and now this.

UPDATE: Republican Party attorney John White has also sent out a letter to state lawyers, per Postman. His statement is below.

"As we have previously advised you: This litigation is not over. No court has vacated the injunction entered by the district court in July, 2005. The injunction against implementing the Modified Blanket Primary is still in effect. Conducting a Modified Blanket Primary in August will be a willful violation of the injunction. In addition to violating the injunction, issuing certificates of nomination to candidates who receive the most votes will constitute an 'error' in the administration of the election because the Open Primary is still the law of Washington."