Dino Rossi played by the rules in 2004 and appeared on the ballot as a "Republican" (though in at least three counties, including Spokane, only the initials R and D were used on ballots, not the full party names).
In 2008, he also played by the rules and thanks to the turns and twists of our new Top Two Primary appears on the ballot as "Prefers GOP Party."
Democrats don't like this outcome, mostly because the evidence indicates Rossi now has an advantage over an incumbent Governor in a blue state, in the midst of what is supposed to be a banner year for Democrats.
Since they don't like the outcome, they want to change the rules. You'll pardon me if that all sounds vaguely familiar.
In the meantime, here's a helpful hint to the State Democrats: if you're going to sue someone for using a party label you claim is confusing, don't use that same label yourself - in relatively recent press releases of all things - when describing said party. Examples here, here, here , here, here, here, here, and here.
Additional thought: one other red flag in the Democratic argument here is that they're relying on an Elway poll to make their case. That would be the Elway poll where instead of the usual 405 registered voters surveyed with a high margin of error, two smaller universes of 225 registered voters each were questioned. The margin of error in each of those samples is a laughable +/- 6.5%. That's so high it would be frowned upon in a college level class on political statistics. By comparison, Gallup's Daily Presidential tracking poll has a MOE of +/- 2%.
Short version: Democrats are basing their laughable lawsuit in part on an Elway poll that is incredibly untrustworthy - even compared to other Elway polls. That's quite a benchmark.
Bonus coverage: here's a montage of Rossi ads using the GOP moniker from 2004...making the current Democratic case even more of a farce.
Cross-posted at Sound Politics.