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Thinking about Elections

Closed Primaries - Unfair or Unconstitutional?
Posted By: Juliet Zavon
Posted On: 2025-12-25T05:00:00Z

UNFAIR, BUT IS IT ILLEGAL? In states with closed primaries, only registered Democrats and Republicans can vote in primary races. About 1/3 of voters nationwide are unaffiliated with either major parties, and this number is growing. While state/federal constitutions say people must be treated equally, when unaffiliated voters cannot vote in primaries, they are not treated equally. In voting districts that are predictably blue or red, the winner of Democratic/Republican primary will win in November. The Primary determines the ultimate winner.


Is it legal to exclude voters who aren’t Democrats/Republicans? A group of independent voters in PA says no and filed a lawsuit to challenge the PA law that disenfranchises them.


Analysis of election data from 2002-2020 quantifies how disenfranchising unaffiliated PA voters in primaries dilutes their voting power and thus, their influence. The only time unaffiliated voters have the same influence as affiliated voters is when there’s only one candidate in the primary and in the general election, i.e., it’s an uncontested race so voters have no choice at all.


Swing state PA is one of nine states with closed primaries. For 30 years there have been efforts to move to open primaries in PA through legislation. While the push for legislation continues, here’s hoping that the court case will succeed.


https://www.wesa.fm/politics-government/2025-12-12/independent-voters-pa-closed-primary