Reference
Open primaries FAQ
Last updated: November 13, 2026
Open primaries let any registered voter take part in a primary without joining a party; below are 47 plain answers to the questions voters ask most.
The Primary Desk groups these questions by topic: the basics, which states use which system, the New York lawsuit, the debate over open primaries, Super PACs and More Choice Voting, independent voters, and how to get involved. Each answer leads with the direct answer and names its source.
What are open primaries, in one sentence?
Open primaries are taxpayer-funded primary elections in which any registered voter can participate, whether or not they belong to a political party.
Open primary basics
What is an open primary?
An open primary is a primary election in which any registered voter can take part without first joining a political party. In a traditional open primary the voter picks one party's ballot on election day. In a nonpartisan open primary, such as California's top-two, every candidate appears on one ballot and the top finishers advance to November.
What is the difference between an open and a closed primary?
The difference is who gets a ballot. In a closed primary, only voters enrolled in a party can vote in that party’s primary, so unaffiliated voters sit out. In an open primary, any registered voter can participate. Semi-closed and semi-open systems fall in between, letting unaffiliated voters choose a party ballot under set rules.
What is a semi-closed primary?
A semi-closed primary lets registered party members vote in their own party's primary and lets unaffiliated voters choose one party's primary, but blocks members of other parties from crossing over. Rhode Island works this way. The Independent Voter Project's state guide counts 10 semi-closed jurisdictions, including Massachusetts, New Hampshire, North Carolina, and Utah.
What is a semi-open primary?
In a semi-open primary any voter can request a party's ballot, but that choice may be recorded and treated as a public record of which primary you chose. The Independent Voter Project's primary guide counts three semi-open states, including Arizona and Colorado. Check your state election office for exactly how your ballot choice is recorded.
What is a nonpartisan primary?
A nonpartisan primary puts every candidate for an office on one ballot, regardless of party, and lets every registered voter take part. A set number of top finishers advance to the general election. The top-two systems in California and Washington and the top-four system in Alaska are the best-known statewide examples. Candidates may still list a party preference.
What is a top-two primary?
A top-two primary is a single ballot listing all candidates, open to all voters, where the two candidates with the most votes advance to the general election regardless of party. That can produce two candidates from the same party in November. The Primary Election Types explainer states that top-two always sends two finishers to November, even if one cleared 50% in the first round.
What is Alaska's top-four primary?
Alaska uses a nonpartisan top-four primary: all candidates share one primary ballot and the four with the most votes advance to a general election decided by ranked choice voting. Alaska adopted the system in 2020. Alaska's presidential primaries remain closed.
Is a top-two primary the same as a jungle primary?
Not exactly. In the Louisiana-style jungle model, a candidate who clears 50% in the first round wins outright with no runoff. A top-two primary always sends two candidates to November, even when one already has a majority. Both use a single ballot open to every registered voter.
Which states use which system
How many states have open primaries?
It depends on how you count. Our primary guide sorts the 50 states plus Washington, D.C. into closed, semi-closed, semi-open, open, and nonpartisan systems. It lists 15 closed primary states. In the other 36 jurisdictions, voters who are not enrolled in a party can take part in primaries in some form.
Which states have open primaries in 2026?
In 2026, every jurisdiction outside the 15 closed primary states lets unaffiliated voters take part in some form. Fully open or nonpartisan examples include Alabama, California, Washington, and Alaska. Our state-by-state voter data lists each state's current system and links to a full breakdown, which is the fastest way to confirm your own state.
Which states have top-two primaries?
California and Washington use top-two primaries for most state and congressional offices. Nebraska elects its one-house legislature through a nonpartisan top-two primary. Alaska uses a related top-four system with ranked choice voting in November. California's version, Proposition 14, was authored by the Independent Voter Project and approved by voters in 2010.
Which states have closed primaries?
Our primary guide lists 15 closed primary states: Connecticut, Delaware, Florida, Iowa, Kansas, Kentucky, Louisiana, Maryland, Nevada, New Jersey, New York, Oregon, Pennsylvania, South Dakota, and Wyoming. In these states, voters who are not enrolled in a party are excluded from party primaries.
Does New York have open or closed primaries?
New York has closed primaries. Only voters enrolled in a party may vote in that party’s primary, and the enrollment deadline falls months before the June primary. 3,187,610 registered New Yorkers, 25.4% of the electorate, cannot vote in any party primary. That rule is now being challenged in federal court.
When did California switch to a top-two primary?
California voters approved Proposition 14 in 2010, replacing party primaries for most state and congressional offices with a single top-two ballot. The Independent Voter Project authored the measure. Nearly 40 million Californians now live under a primary system that does not require party membership, and the Independent Voter Project has defended it against federal court challenges.
Does Washington use a top-two primary?
Yes. Washington voters adopted a top-two primary through Initiative 872 in 2004, and the U.S. Supreme Court upheld the system in 2008 in Washington State Grange v. Washington State Republican Party. All candidates appear on one ballot with an optional party preference, and the top two finishers advance to the November general election.
Do top-two rules apply to presidential primaries?
Usually not. Presidential nominating contests follow party rules even in states with nonpartisan primaries for other offices. Alaska, for example, uses top-four for its other races but a closed presidential primary. The Independent Voter Project challenged California's exclusion of independent voters from presidential primaries in Boydston v. Padilla, filing a writ with the U.S. Supreme Court.
The New York lawsuit
What is the open primaries lawsuit in NY?
It is Rieckhoff v. Berger, a federal case filed October 1, 2026 in the U.S. District Court for the Southern District of New York. It argues that New York's closed primaries unconstitutionally bar 3,187,610 registered voters from the round that decides most races. The Independent Voter Project is both a plaintiff and lead counsel.
Who filed Rieckhoff v. Berger?
Two combat veterans, Paul Rieckhoff and Kristen Rouse, are the lead plaintiffs. The Independent Voter Project and Independent Veterans of America are co-plaintiffs, and the Independent Voter Project serves as lead counsel. The case challenges the State of New York's primary rules, and no political party is named as a defendant.
How many New York voters are shut out of primaries?
About 3,187,610 registered New Yorkers, roughly 25.4% of the electorate or 1 in 4 voters, are not enrolled in a party and cannot vote in any party primary. The figure is based on New York State Board of Elections enrollment as of February 20, 2026.
What legal arguments does the New York lawsuit make?
The case rests on four arguments: the right to vote, because the primary decides most races; the right not to join a party; freedom from forced public affiliation, since enrollment sits on a public record the State publishes and sells; and equal protection, because enrolled and unenrolled voters are equally qualified citizens.
Is a political party being sued in the New York case?
No. Rieckhoff v. Berger is brought against the State of New York, and no political party is a defendant. The argument is that when the State pays for and runs the primary, it cannot condition a ballot on party membership. The plaintiffs frame citizenship, not party enrollment, as the qualification to vote.
When do New Yorkers have to join a party to vote in a primary?
For the June 23, 2026 primary, New York required voters to declare a party affiliation by February 14. That is more than four months before primary day. The lawsuit cites this early, public enrollment requirement as one of its constitutional problems.
How can New York voters get involved in the case?
The Independent Voter Project invites New Yorkers who feel closed primaries have violated their voting rights to sign a declaration telling their story in their own words. The case page states it takes about five minutes. The form is on the Independent Voter Project's Right to Vote NY page, linked from our lawsuit coverage.
Have closed primaries been challenged in court before?
Yes. In Balsam v. Guadagno (2014), independent voters challenged New Jersey's closed primaries; the 3rd Circuit ruled against them and the Supreme Court declined to hear the case. Boydston v. Padilla (2019) challenged California's presidential primary rules, and Polelle v. Florida reached a Supreme Court petition. Each built arguments later cases rely on.
Pros, cons, and the party view
What are the pros and cons of open primaries?
Supporters say open primaries let every taxpayer vote in elections they fund, reward candidates who appeal beyond their base, and give independents a voice in the round that often decides the race. Critics say they weaken a party’s ability to choose its own nominee, invite crossover voting, and can produce same-party general elections.
Why do parties prefer closed primaries to open primaries?
Parties prefer closed primaries because they keep nominee selection in the hands of members. Closed rules protect a party's freedom of association, limit outside influence over who carries its label, and reward loyal base voters. Reform advocates respond that the same rules insulate parties from competition while all taxpayers pay for the election.
Do open primaries lead to crossover voting or raiding?
Some crossover happens, but it is limited. The Primary Election Types explainer states that crossover voting in open primaries typically runs 3 to 20 percent. Organized raiding, where one party’s voters try to nominate the other party’s weakest candidate, is a common worry, but crossover voters more often simply prefer a candidate in the other contest.
Can two candidates from the same party face off in a top-two general election?
Yes, and it is one of the most debated outcomes. A widely cited Top-two primary explainer describes a race where 52 percent of voters backed one of three Democrats, yet two Republicans reached the general election because they narrowly finished first and second. Splitting the vote among many candidates from one party creates that risk.
Do open primaries increase primary turnout?
The evidence is suggestive, not settled. The Bipartisan Policy Center states national midterm primary turnout reached 23.3% in 2026, and only Oregon and California met its 35% goal. Twelve states reached 30%, including all three states with statewide top-two or top-four primaries: Alaska, California, and Washington.
Why do primary elections matter so much?
In most districts the primary is the real contest. The Open, All-Candidate Primaries explainer states that over 80% of elections are no longer competitive in the general election, and the share of races decided before the general is 83%. When the primary decides the seat, whoever can vote in it decides the winner.
Super PACs and More Choice Voting
What are Super PACs?
Super PACs are political committees that can raise and spend unlimited sums from individuals, corporations, and unions to support or oppose candidates, as long as they do not coordinate with campaigns or give money directly to them. They emerged in 2010 after the Citizens United v. FEC and SpeechNow.org v. FEC decisions.
What is the difference between Super PACs and PACs?
A traditional PAC can give money directly to candidates but faces limits on what it raises and contributes. A Super PAC cannot give to candidates or coordinate with them, but it can raise and spend unlimited amounts on independent ads. That unlimited fundraising is what reformers, including the Independent Voter Project, aim to cap.
What did Maine's Question 1 do?
Maine's Question 1, passed in 2023 with 74.9% of the vote, capped donations to Super PACs at $5,000, a margin of nearly 3 to 1. The Foundation for Independent Voter Education is defending the law in court, and a win could set a precedent for Super PAC contribution limits nationwide.
What is More Choice Voting?
More Choice Voting is the Independent Voter Project's name for reforms that expand the field of viable candidates, such as top-four or top-five open primaries paired with ranked choice general elections. The goal is more competition, so winners must earn broader support instead of surviving a low-turnout partisan primary.
How does More Choice Voting relate to open primaries?
They work in sequence. An open primary lets every voter take part in the first round. More Choice Voting then advances more than two finishers and lets voters rank them in November. That is why the clearest path for a new supporter is to back open primaries first, then explore More Choice Voting as the next step.
Which states use a final-four or final-five system?
Alaska adopted a final-four system in 2020, pairing a nonpartisan primary with a ranked choice general election. Reports indicate final-five and top-five proposals are advancing in multiple states. Because these measures move through legislatures and ballot campaigns on different timelines, check the latest coverage for each state.
Independent and unaffiliated voters
What is an independent voter?
There is no single definition. An independent voter is described as one whose politics are not governed by a party, a mindset rather than a registration status. Legally, your state decides: depending on where you live, you may be listed as unaffiliated, no party preference, or not enrolled.
How many independent voters are there in the U.S.?
Our national voter data counts about 63 million registered voters who are independent or unaffiliated, 28.9% of roughly 218.3 million registered voters. That is close to the 69.6 million registered Republicans in the same data. Measured by self-identification instead of registration, the open primaries page cites 47% of Americans as independent.
How many Americans are locked out of primary elections?
Estimates vary by method. The open primaries campaign states more than 26 million voters are locked out, and the national petition with Open Primaries cites 30 million. The voter map counts 18.2 million registered independents across the 15 closed primary states. Each figure counts a different group, so compare like with like.
Do people join a party just to vote in its primary?
Many do. The Rieckhoff v. Berger case page states that up to 40% of registered Democrats in New York City joined the party only so they could vote in its primary. Those voters are counted as party members even though their reason for enrolling was access to a ballot, which reformers say hides independent sentiment.
Getting involved and staying informed
What should I do first if I support open primaries?
Start by supporting open primaries: sign the Independent Voter Project’s open primaries petition or the national petition at openmyprimary.org, which has action pages for 15 closed primary states. Then explore More Choice Voting, the next reform in the sequence. New Yorkers can also sign a declaration in the Rieckhoff v. Berger case.
Where can I sign an open primaries petition?
There are two main options. An Open Primaries for Every Voter petition is available on the reform page, and a national petition with Open Primaries is available at openmyprimary.org, which has action pages for 15 states with closed primaries. Both are free, and signing takes about 30 seconds.
What is the Independent Voter Project?
The Independent Voter Project is a national, nonpartisan 501(c)(4) election reform organization co-founded in 2006. It works for open primaries for every voter, More Choice Voting, and limits on Super PACs, using ballot initiatives, litigation, policy research, and voter education. Its audience is voters, especially those who do not identify with a party.
How is the Independent Voter Project funded?
The Independent Voter Project is funded by more than 4,200 individual donors from across the political spectrum. As a 501(c)(4) social welfare organization, contributions to it are not tax-deductible as charitable donations. It does not endorse candidates, is not affiliated with any political party, and publishes its financials on its website.
How do I contact the Independent Voter Project?
Email contact@independentvoterproject.org for general, media, or partnership questions, or call (619) 207-4618 during normal business hours, Pacific time. The mailing address is PO Box 34431, San Diego, CA 92163. The organization typically answers general inquiries within 2 to 3 business days and urgent media requests within 24 hours.
Where can I follow open primaries news?
The Primary Desk tracks open primaries news, lawsuits, and state rules in one place and updates its pages as cases and ballot measures move. For longer reporting and commentary, IVN.us publishes nonpartisan political news, and the Independent Voter Podcast covers election reform on Spotify, Apple Podcasts, and YouTube.
Want the full context? Start with the latest open primaries news.
Your next step
Support open primaries first. Then explore More Choice Voting.
Opening the primary is the reform every other change builds on. Add your name, then read how More Choice Voting takes the next step.