Lawsuit alleges Maryland closed primary elections are unconstitutional – Washington Examiner
A Maryland resident has filed a lawsuit against the state and its Board of Elections, claiming that the state’s closed primary elections are unconstitutional. Central to the lawsuit is the argument that the Maryland constitution guarantees the right to vote in all elections, which allegedly excludes the state’s significant number of autonomous voters-960,000, or 22% of the electorate. Advocates argue that every citizen should have the right to participate in public elections, highlighting a growing concern about voter inclusion. Maryland is among the 14 states that utilize closed primaries, a practice believed to prevent party interference in primary elections.The lawsuit precedes the 2026 gubernatorial election, were current Governor Wes Moore is seeking reelection.
Lawsuit alleges Maryland closed primary elections are unconstitutional
A Maryland resident filed a lawsuit against the state and its Board of Elections, alleging that the state’s law of having a closed primary is unconstitutional.
The legal argument for the lawsuit is based on the state constitution, which guarantees the right to vote in “all elections to be held in this State.”
“We believe it is a fundamental American value that every citizen should have a right to vote in a public election,” Jeremy Gruber, Open Primaries senior vice president, told the Washington Post. “We all pay for them as taxpayers, but independent voters by the millions are being shut out of public elections. It’s a voting crisis in this country.”
Maryland is one of 14 states with a closed primary, the rationale behind such a primary being that it prevents members of the opposing party from influencing the results of the other primary elections.
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There are 960,000 independent voters in the state, and between 2012 and 2025, the number of independent voters increased from 16% to 22%.
The lawsuit comes ahead of the 2026 gubernatorial election in the state, in which Gov. Wes Moore (D-MD) is vying for reelection.
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