When the rules for Washington's top two primary were first proposed, there was no way for the Secretary of State or county auditors to edit the party preferences of candidates.

That is, if a candidate wanted to use the 16 letters provided on the registration form to imply that they are the official candidate of a party, they could. That is, a candidate who is not endorsed by the party could put down "Official GOP" or "Nominated Demo" on the form. It might sound odd since the party name is preceded by the word "Prefers," as in, "Prefers Democratic Party," but it could still suggest to some voters that this candidate is the choice of the party.

The only remedy suggested in those proposed rules was for the parties to go to court and try to get a court order to block it.

But that set the state up for another challenge of the top two primary. When the U.S. Supreme Court upheld the initiative by a 7-2 vote, several judges warned the state that it must implement the law so that it didn't lead to voter confusion. That is, if voters thought a candidate was somehow the official candidate of a party, that party could have grounds to challenge the system again.

So after hearing comments about the proposed rules, the Secretary of State altered the original draft and added a remedy for both implied endorsements and profanity.

WAC 434-215-120 Political party preference by candidate for partisan office. (1) On a declaration of candidacy, a candidate for partisan congressional, state, or county office may state his or her preference for a political party, or not state a preference. The candidate may use up to sixteen characters for the name of the political party. A candidate's party preference, or the fact that the candidate states no preference, must be printed with the candidate's name on the ballot and in any voters' pamphlets printed by the office of the secretary of state or a county auditor's office. (2) If a candidate does not indicate a party that he or she prefers, then the candidate has stated no party preference and is listed as such on the ballot and in any voters' pamphlets. (3) The filing officer may not print on the ballots, in a voters' pamphlet, or other election materials a political party name that is obscene. If the name of the political party provided by the candidate would be considered obscene, the filing officer may petition the superior court pursuant to RCW 29A.68.011 for a judicial determination that the party name be edited to remove the obscenity, or rejected and replaced with "states no party preference." (4) A candidate's preference may not imply that the candidate is nominated or endorsed by the party, or that the party approves of or associates with that candidate. If the name of the political party provided by the candidate implies that the candidate is nominated or endorsed by a political party, or that a political party approves of or associates with that candidate, the filing officer may petition the superior court pursuant to RCW 29A.68.011 for a judicial determination that the party name be edited, or rejected and replaced with "states no party preference."