There are three states that have used a top-two primary, California (starting in 2011), Washington (starting in 2008), and Louisiana (starting in 1975 for state office and 1978 for congress, although it wasn't used in 2008 and 2010 for congress). There have been 85 instances in which a minor party member ran for federal or state office in a top-two election, and in which there were at least two major party candidates running. In all 85 cases, the minor party candidate did not place first or second and could not run in the general election. Mike Fellows is right; top-two is a method to smother minor parties.
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