Open Primaries

Open Primaries

 

Primary Election Day is May 19, 2026
Only registered Republicans or Democrats can vote in the Primary.
Visit pavoterservices.pa.gov to register or update your registration.
Registration deadline is May 4.  

 

The Issue in Brief

Pennsylvania is one of only nine states with fully closed primaries, where only registered Republicans and Democrats participate, sending candidates to the general election by a small sector of the electorate.  The current system guarantees that fewer voters participate, elections are less competitive and, ultimately, political polarization is reinforced, contributing to legislative gridlock and hampering good governance.
 

Open Primaries Legislation introduced in Pennsylvania in 2025/26

According to Ballot PA, two bills have been introduced in the 2025–2026 Pennsylvania General Assembly that would open primary elections to the state's 1.4 million independent and unaffiliated voters, who are currently excluded from participating. State Representative Jared Solomon introduced House Bill 280 (HB 280), and State Senator Dan Laughlin introduced a companion measure, Senate Bill 400 (SB 400).

Key Provisions of HB 280 and SB 400

1. Independent Voter Eligibility Voters registered as independents — defined as those who selected "None (no affiliation)" or wrote in a clear preference for independence under "Other" on their voter registration form — would be permitted to participate in primary elections.
 
2. Flexible Party Choice An independent voter's choice of party ballot in one primary would not bind them to that same party in future primaries, preserving their flexibility from election to election.
 
3. Absentee and Mail-In Ballot Access Independent voters would also have the option to cast their primary vote via absentee or mail-in ballot, choosing either a Democratic or Republican ballot.
 
4. No Change for Registered Party Members Voters registered with the Democratic or Republican Party would continue to vote only on their respective party's ballot, as is currently required.
 
5. Limitations on Independent Voter Participation Independent voters would not be permitted to vote for political party committee candidates or for delegates and alternate delegates to any political party convention.
 

Lawsuit filed against the Commonwealth by Ballot PA Action

In addition, a lawsuit was filed against the Commonwealth by Ballot PA Action, an organization dedicated to opening the state’s primary elections.  Ballot PA argues that the state’s current system violates the Pennsylvania Constitution by diminishing the power of independent voters.  By excluding independent voters from primaries where many races are effectively decided, the closed primary system gives voters who are members of a party greater influence over election outcomes than other registered voters.  This violates the free and equal elections clause of the Pennsylvania Constitution, which requires all votes carry equal weight.  The case now awaits a response from Commonwealth Court, which is not beholden to a specific time frame

 

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Watch the video of our virtual program on ending closed primaries: 

On February 7, 2024, the League of Women Voters of Bucks County hosted speaker Diana Dakey from the state League's Government and Policy Committee. She presented on Pennsylvania's current closed primary process and efforts to open primaries to all registered voters.

link to video of program End Closed Primaries in Pennsylvania

 

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LWVPA Position:

LWVPA supports abandoning the closed primary system in favor of either the semi-open or open primary. Either approach will allow electors, regardless of initial registration status, to participate in the primary of the major party of their choice. Elections for both presidential and state and local primaries should use the same system. (see Where We Stand).

Action Alerts

Take Action:  Contact your state legislators to open up Pennsylvania Primaries

In the News

Take action this fall to open Pennsylvania primaries! LWV of Pennsylvania.  September 14, 2023

Pennsylvania voters would benefit from an open primary system| Editorial.  The Philadelphia Inquirer. September 12, 2023

Additional Background Information

A growing number of voters, especially newly registered voters, are not choosing party affiliation upon registration. Currently, over ten percent of registered voters in Pennsylvania are registered as No Affiliation (918,348 out of 8,749,774). [1] Unaffiliated voters have no voice in the primary, thus do not contribute to the choices presented to all voters in the general election

A closed primary system is associated with low voter turnout in the primaries.  In PA, an estimated 15-18% of voters (registered as Democrat or Republican) vote in the primaries.  The 2022 midterm primary was an exception with 39% of Republican and 32% of Democrats voting.

Because Pennsylvania has excluded independent and unaffiliated voters from participating in primary elections, candidates craft their message to appeal to those who are most likely to vote, the partisan “base”.   Primary winners who advance to the general election lack widespread appeal.

Closed Primaries also lead to reduced voter participation when there are questions on the ballot.  While unaffiliated voters can vote on these important issues, many fail to participate because they cannot vote for any of the candidates running.  Consequently, these important issues are decided by a very small and very partisan segment of the electorate.  

One solution to these problems is to open primaries to unaffiliated voters. Legislation to do just that passed in the Pennsylvania Senate in 2019 with wide bipartisan support. Bills have been introduced again in the current legislative session. Bringing more voters into the primary would encourage candidates to engage with a wider electorate earlier in the election cycle and, once elected, govern toward solutions to a broader set of issues.

On August 16th, 2022, LWVPA members testified in front of the PA House State Government Committee in favor of open primaries and PA House Bill 1369.  This legislation will give unaffiliated voters the right to participate in the primary election process.  Specifically, on the day of the primary election, it will allow these voters to choose to cast their vote on either the Republican or Democrat ballot. Voters who are registered with either the Republican or Democratic Party will continue to be required to vote on their respective ballots.

Click here to watch the testimony.   Click here to read the comments.

Open primaries would also encourage more voters to consider and weigh in on important ballot questions – often in the form of constitutional amendments.

[1] Pennsylvania Department of State, Aug. 1, 2022.