The Laws governing State Primaries are Complex and Nuanced to say the least, and State Primary Laws have been a cause of Confusion among Voters and Election Administrators alike. The manner in which Party Primary Elections are conducted varies widely from State to State.

Primary Types:

Closed Primaries - In general, a Voter seeking to Vote in a Closed Primary must first be a Registered Party Member. Typically, the Voter affiliates with a Party on their Voter Registration Application. This System deters “Cross-Over” Voting by Members of other Parties. Independent or Unaffiliated Party Voters are Excluded from Participating in the Party Nomination Contests. This System generally contributes to a Strong Party Organization.

Closed Primary States: Delaware, Florida, Kentucky, Maryland, Nevada, New Mexico, New York, Oregon, and Pennsylvania.

Partially Closed or Semi-Closed - In this System, State Law permits Political Parties to choose whether to allow Unaffiliated Party Voters or Independent Voters to participate in their Nominating Contests before each Election Cycle. In this type of System, the Parties may let in Unaffiliated/Independent Voters, while still Excluding Members of Opposing Parties. This System gives the Parties more Flexibility from Year-to-Year about which Voters to include. At the same time, it can create Uncertainty about whether or Not Certain Voters can Participate in Party Primaries in a given year.

Partially Closed or Semi-Closed, Primary States: Alaska, Connecticut, Idaho, North Carolina, Oklahoma, South Dakota, and Utah.

Partially Open or Semi-Open - This System permits Voters to Cross Party Lines, but they must either Publicly Declare their Ballot Choice or their Ballot Selection may be Regarded as a Form of Registration with the Corresponding Party. Iowa asks Voters to choose a Party on the State Voter Registration Form, yet it allows a Primary Voter to Publicly Change Party Affiliation for purposes of Voting on Primary Election Day. Some State Parties keep Track of who Votes in their Primaries as a means to Identify their Backers.

Partially Open or Semi-Open Primary States: Illinois, Indiana, Iowa, Ohio, Tennessee, and Wyoming.

Open to Unaffiliated/Independent Voters - A number of States allow Only Unaffiliated/Independent Voters to Participate in any Party Primary they choose, but do Not Allow Voters who are Registered with a Political Party to Vote in another Political Party’s Primary. This System differs from a True Open Primary because a Democrat cannot Cross Over and Vote in a Republican Party Primary, or Vice Versa.

New Hampshire requires that Unaffiliated Voters declare Affiliation with a Party at the Polls in order to Vote in that Party’s Primary, but then change back to Unaffiliated/Independent after they Vote.

In Colorado, Unaffiliated/Independent Voters must Return just One Party’s Mail Ballot, or state which Party Ballot they want at the Polls. The choice is Public Information, although it does Not Change the Voter's Unaffiliated/Independent Status.

In New York, each Political Party choices to allow Unaffiliated/Independent Voters to Vote in their Primary, each Cycle.

Open to Unaffiliated/Independent Voters Primary States: Arizona, Colorado, Kansas, Maine, Massachusetts, New Jersey, New Hampshire, New York, Rhode Island, and West Virginia.

Open Primaries - In general, but not always, States that do Not Ask Voters to choose Political Parties on the Voter Registration Form are “Open Primary” States. In an Open Primary, Voters may choose Privately in which Primary to Vote. Voters may choose which Party’s Ballot to Vote, but this Decision is Private and does Not Register the Voter with that Party. This Permits a Voter to Cast a Vote across Party Lines for the Primary Election. Critics argue that the Open Primary Dilutes the Parties’ Ability to Nominate. Supporters say this System gives Voters Maximal Flexibility, allowing them to Cross Political Party Lines, and Maintains their Privacy.

Open Primary States: Alabama, Arkansas, Georgia, Hawaii, Michigan, Minnesota, Mississippi, Missouri, Montana, North Dakota, South Carolina, Texas, Vermont, Virginia, Wisconsin.

Top-Two Primaries - California and Washington use a “Top-Two” Primary Format. The “Top-Two” Format uses One Ballot, listing All Candidates on the same Ballot. In California, Each Candidate lists their Party Affiliation.

In Washington, each Candidate is Authorized to List a Party “Preference.” The Top-Two Vote-Getters in each Race, regardless of Party, Advance to the General Election.

Advocates of the "Top-Two" Format argue that it Increases the likelihood of Moderate Candidates Advancing to the General Election Ballot. Opponents maintain that it Reduces Voter Choice by making it Possible that Two Candidates of the Same Party Face-Off in the General Election. They also contend that it is Tilted against Minor Parties who will face Slim Odds of Earning One of only Two Spots on the General Election Ballot.

Richard Winger of Ballot Access News writes, Some call this an open primary. But the Supreme Court Decisions and Textbooks have long defined 'open primary' to be a system in which any voter can choose any primary ballot, but each political party has its own primary ballot and its own nominees. A California Court in 2004 had ruled that a top-two system cannot be called an 'open primary'.

Other Primary Processes

State and Federal Elections in Louisiana, and Legislative Elections in Nebraska, share some common traits with Top-Two Primaries, but are Distinct.

In Louisiana, on the General Election Date, All Candidates run on the Same Ticket. If No Candidate receives over 50% of the Vote, then the Top-Two Vote-Getters face a Runoff Six Weeks later. One way to look at this is to say there is No Primary Election, just a General Election for All Candidates, with a Runoff when needed.

In Nebraska, Legislators are Elected on a Nonpartisan basis. This means they Run without a Party Designation, and All Candidates are on the Same Nonpartisan Primary Ballot. This System is common for Local Nonpartisan Offices throughout the Nation.










NYC Wins When Everyone Can Vote! Michael H. Drucker