Voting in Primary Elections: State Rules On Participation

Voting in Primary Elections: State Rules On Participation

Order Code RL30441
CRS Report for Congress
Received through the CRS Web
Voting in Primary Elections: State Rules On
Participation
Updated July 11, 2000
Kevin Coleman
Analyst in American National Government
Government and Finance Division
Congressional Research Service ˜ The Library of Congress

ABSTRACT
This report summarizes state rules (including the District of Columbia) on voter participation
in primary elections. The summaries indicate whether a state has an open or closed primary;
they also include information on voting eligibility for independent voters in primary elections.
This report will be updated for the 2002 election cycle.

Voting in Primary Elections: State Rules on Participation
Summary
This report summarizes information for the states and the District of Columbia
concerning voting participation in primary elections. Procedures vary from state to
state concerning who is eligible to vote in primary elections, depending on whether
the state has an open primary (a voter has the option of choosing either party ballot
in the secrecy of the polling booth) or a closed primary (a voter must register with a
political party before the election to be eligible to vote or must publicly choose a party
ballot at the polling place). At present, 12 states have open primaries and 38 states
and the District of Columbia have closed primaries. In a June 26, 2000 decision, the
U.S. Supreme Court ruled that the open primary system used California, often called
a blanket primary, was unconstitutional (see discussion in the introductory section
below and individual state notes). The ruling affects similar primaries in Washington
and Alaska, while it is unclear whether it applies to states with open primaries that are
not blanket primaries.

Contents
List of Tables
1. Party Affiliation and Primary Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Voting in Primary Elections: State Rules On
Participation
As with many aspects of the voting process, the rules concerning who is eligible
to vote in party primary elections differ considerably from one state to another. Some
states limit participation to registered party voters only, some permit any registered
voter to cast a ballot in either party primary, and other states use a system that falls
somewhere in between. In general, state primaries can be categorized as being either
open or closed, depending on the specific rules that govern participation. Definitions
of open and closed primaries vary in political science literature; the information
presented here is based on the definition used by the Council of State Governments
in its Book of the States, which classifies primaries according to the ballot choices
available to a primary voter on election day. A primary election is called open if a
voter is given the ballots for all parties, chooses one ballot in the voting booth, and
discards the unused ballots.1 In closed primary elections, a voter must formally
register with a party before the election in order to vote in the party’s primary or
chooses one party ballot at the polls (sometimes referred to as a semi-open primary,
because a voter can make the choice on election day). The comment section in Table
1 notes whether a public record of the choice is kept. According to this definition, 12
states have open primaries and 38 states and the District of Columbia have closed
primaries.
The primary system used in California, a variant of the open primary referred to
as a blanket or jungle primary, was recently determined to be unconstitutional by the
U.S. Supreme Court. In a June 26, 2000 ruling on the case, California Democratic
Party v. Jones [530 U.S.— (2000)], the court determined that a party’s First
Amendment right of association is violated by the blanket primary system, which was
instituted in California when voters approved it as a ballot initiative in 1996. In
blanket primaries, voters receive a ballot that lists all candidates running for election
to each office regardless of their party affiliation. The leading candidates from the
Democratic, Republican, and other qualified parties are nominated, and their names
are certified for the general election ballot. As noted previously, in the standard open
primary, a voter is given the ballots for each party and may choose only one ballot in
the voting booth. Alaska and Washington also use a blanket primary system to choose
party nominees; these states and California will need to devise a new primary system
for the 2002 election cycle.
1According to L. Sandy Maisel, Political Parties & Elections in the United States: An
Encyclopedia, (New York: Garland Publishing, Inc., 1991), p. 715, an open primary is
defined as follows: “A primary election in which voters may decide at the time of the election
and in the privacy of the voting booth which party primary they wish to participate in is called
an open primary. Voters need not express allegiance to any party before the primary election.”

CRS-2
Louisiana's open primary system is unlike that used in any other state. All
candidates compete in the primary election, regardless of party affiliation. If a
candidate receives a majority of the primary vote, he or she is declared elected, and
no general election is held. If no candidate wins a majority, however, the two
candidates who received the most voters are listed on the ballot in November. On
occasion, the two candidates with the highest vote totals in the primary are from the
same political party, and both names appear on the general election ballot. The
Louisiana primary system is not affected by the U.S. Supreme Court ruling in
California Democratic Party v. Jones because it is a nonpartisan primary in which
voters select candidates for the general election rather than party nominees.
Closed primaries can be divided into three categories: (1) those that register
voters by party and limit primary voting to registered party members (independent
voters forfeit the opportunity to participate in the primary); (2) those that register
voters by party but allow them to choose the other party’s ballot on primary day
(independents may participate in primaries); and (3) those that do not have party
registration but require voters to ask for one party’s ballot at the polls on primary
election day. The last two categories are sometimes called “semi-open” primaries
because the voter must make a public choice of ballot, which may be recorded. In
some cases, the record is available to the parties and a voter might even be challenged
and required to pledge to support party candidates in the general election, a
requirement widely considered unenforceable in any event.
The following table provides information on whether a state holds an open or
closed primary, deadlines for declaring or changing party affiliation before a primary,
and rules for participation by unaffiliated voters. It also indicates instances where the
rules for participating in a presidential primary differ from those that apply to the
regular state primary election. The comments section in the table explains specific
differences in how each state administers its open or closed primary.

CRS-3
Table 1. Party Affiliation and Primary Voting
Party affiliation for voting
Primary type
Days before election
voter can
Voter selects
Party
change/declare
party on election
State
registration
affiliation
day
Open
Closed
Comment
Alabama
N
—
!
—
!
Voters select one party ballot and sign a poll list that notes the
choice; parties have access to that list.
Alaska
N
—
—
!
—
Blanket primary. Voters receive a ballot that lists all party
candidates, and may cast their vote for any candidate for each
office, regardless of the candidate’s party affiliation. A U.S.
Supreme Court ruling in California Democratic Party v.
Jones (June 26, 2000) found that the system violates a
party’s First Amendment right of association; the state
must revise the primary system accordingly by 2002.
Arizona
Y
29
—
—
!
Voters receive the ballot for the party with which they are registered;
independent voters may choose either party ballot, which registers
them with that party.
Arkansas
N
—
!
—
!
Voters select one party ballot at the polls; the choice of ballot is
recorded and parties have access to that list. In a runoff primary,
voters must vote the same party ballot as in the first primary.

CRS-4
Party affiliation for voting
Primary type
Days before election
voter can
Voter selects
Party
change/declare
party on election
State
registration
affiliation
day
Open
Closed
Comment
California
Y
29
—
!
—
Blanket primary. Voters receive a ballot that lists all party
candidates, and may cast their vote for any candidate for each office
regardless of the candidate’s party affiliation (in the Presidential
primary, Democratic and Republican voters receive color-coded
ballots; only ballots from party voters are counted for purposes of
delegate selection). A U.S. Supreme Court ruling in California
Democratic Party v. Jones (July 2000) found that the system
violates a party’s First Amendment right of association; the state
must revise the primary system accordingly by 2002.
Colorado
Y
29
—
—
!
Major party primary, no minor parties are listed on the ballot.
Unaffiliated voters may declare party affiliation at the polls, which
enrolls them with that party.
Connecticut
Y
3 mos.
—
—
!
Voters receive the ballot for the party with which they are registered.
At present, unaffiliated voters may not vote in the primary, but
the parties can permit participation by unaffiliated voters by
adopting a party rule to that effect.
Delaware
Y
By March 1 of
—
—
!
Voters receive the ballot for the party with which they are
election year
registered. To change party registration for the presidential
primary, a voter must complete the change by Sept. 1 of the
preceding year; the cutoff date for changing party registration in
a presidential year must be at least 30 days after the presidential
primary.
Dist. of Col.
Y
30
—
—
!
Voters receive the ballot for the party with which they are
registered; unaffiliated voters may not vote in the primary.

CRS-5
Party affiliation for voting
Primary type
Days before election
voter can
Voter selects
Party
change/declare
party on election
State
registration
affiliation
day
Open
Closed
Comment
Florida
Y
30
—
—
!
Voters receive the ballot for the party with which they are
registered. If all the candidates in a primary are from the same
party, all voters, including those who are unaffiliated, may
participate in the election.
Georgia
N
—
!
—
!
Voters choose one party ballot at the polls (they must vote the
same party ballot if there is a runoff primary); the choice is
recorded and parties have access to that list.
Hawaii
N
—
!
!
—
All voters receive ballots for each political party before entering
the voting booth, but may only vote for candidates in one party;
there is no presidential primary.
Idaho
N
—
!
!
—
All voters receive ballots for each political party before entering
the voting booth, but may only vote for candidates in one party
(the rules for participation are the same in the presidential
primary; the results of the Democratic party on not binding on
the selection of delegates).
Illinois
N
—
!
—
!
Voters choose one party ballot at the polls; the choice is
recorded and parties have access to that list.
Indiana
N
—
!
—
!
Voters choose one party ballot at the polls; the choice is
recorded and parties have access to that list.

CRS-6
Party affiliation for voting
Primary type
Days before election
voter can
Voter selects
Party
change/declare
party on election
State
registration
affiliation
day
Open
Closed
Comment
Iowa
Y
—
—
—
!
Voters receive the ballot for the party with which they are
registered; unaffiliated voters may change their registration to
Democratic or Republican at the polls in order to participate.
Democrats and Republicans may change their registration at the
polls.
Kansas
Y
20
—
—
!
Voters receive the ballot for the party with which they are
registered; unaffiliated voters select one party ballot at the polls
and the choice automatically registers them with that party.
Kentucky
Y
Dec. 31st of the year
—
—
!
Voters receive the ballot for the party with which they are
preceding the
registered; unaffiliated voters are not eligible to participate.
election year
Louisiana
Y
24
—
!
—
Blanket primary. Voters receive a ballot that lists all party candidates
and may cast their vote for any candidate for each office regardless of
the candidate's party affiliation. In a presidential primary, voters
receive the ballot for the party with which they are registered;
unaffiliated voters are not eligible to participate.
Maine
Y
90
—
—
!
Voters receive the ballot for the party with which they are registered;
unaffiliated voters are not eligible to participate.
Maryland
Y
12 weeks
—
—
!
Voters receive the ballot for the party with which they are registered;
unaffiliated voters may vote in the Republican primary in 2000 (either
party can permit participation by unaffiliated voters in any future
primary by requesting such a change with the state Board of
Elections).

CRS-7
Party affiliation for voting
Primary type
Days before election
voter can
Voter selects
Party
change/declare
party on election
State
registration
affiliation
day
Open
Closed
Comment
Massachusetts
Y
20
—
—
!
Voters receive the ballot for the party with which they are registered;
unaffiliated voters can choose either party ballot (in the presidential
primary, the choice enrolls them with that party but a voter can re-
enroll as unaffiliated before leaving the polling place).
Michigan
N
—
!
!
—
All voters receive one ballot that lists all candidates for each party;
voters mark their ballot for one party only (the rules for participation
are the same in the presidential primary, which is non-binding for the
Democrats).
Minnesota
N
—
!
!
—
All voters receive one ballot that lists all candidates for each party;
voters mark their ballot for one party only.
Mississippi
N
—
!
—
!
Voters choose one party ballot at the polls. No public record is kept of
a voter’s choice of ballot (the rules for participation are the same in
the presidential primary).
Missouri
N
—
!
!
—
All voters receive one ballot which lists all candidates for each party;
voters mark their ballot for one party only. No public record is kept
of a voter's choice of ballot.
Montana
N
—
!
!
—
All voters receive ballots for each political party before entering the
voting booth but may only vote for candidates in one party (the rules
for participation are the same in the Presidential primary).

CRS-8
Party affiliation for voting
Primary type
Days before election
voter can
Voter selects
Party
change/declare
party on election
State
registration
affiliation
day
Open
Closed
Comment
Nebraska
Y
By 2nd Friday before
—
—
!
Voters receive the ballot for the party with which they are registered;
the election if voting
the parties have the option to permit unaffiliated voters to participate
in person; by 3rd
in their party primary (the rules for participation are the same in the
Friday before the
presidential primary).
election if re-
registering by mail.
Nevada
Y
30
—
—
!
Voters receive the ballot for the party with which they are registered;
unaffiliated voters are not eligible to participate.
New Hampshire
Voters receive the ballot for the party with which they are registered;
Y
10
—
—
!
unaffiliated voters can choose either party ballot—the choice enrolls
them with that party but a voter can enroll again as unaffiliated before
they leave the polling place (the rules for participation are the same in
the presidential primary).
New Jersey
Y
50
—
—
!
Voters receive the ballot for the party with which they are registered;
unaffiliated voters are not eligible to participate. Newly registered
voters declare party affiliation at the first primary election in which
they participate, which registers them with the party whose ballot they
choose.
New Mexico
Y
28
—
—
!
Voters receive the ballot for the party with which they are registered;
unaffiliated voters are not eligible to participate.
New York
Y
1 year
—
—
!
Voters receive the ballot for the party with which they are registered;
unaffiliated voters are not eligible to participate.

CRS-9
Party affiliation for voting
Primary type
Days before election
voter can
Voter selects
Party
change/declare
party on election
State
registration
affiliation
day
Open
Closed
Comment
North Carolina
Y
25
—
—
!
Voters receive the ballot for the party with which they are registered;
unaffiliated voters can choose either party ballot, and the choice is
recorded (participants must vote the same party ballot if there is a
runoff primary).
North Dakota
N
—
!
!
—
All voters receive one ballot that lists all candidates from each party,
but may only vote for candidates in one party.
Ohio
N
—
!
—
!
Voters choose one party ballot at the polls; the choice is recorded and
parties have access to that list.
Oklahoma
Y
no change between
—
—
!
Voters receive the ballot for the party with which they are registered;
July 1 and Sept. 30 in
unaffiliated voters are not eligible to participate.
election years
Oregon
Y
8 (to change
—
—
!
Voters receive the ballot for the party with which they are registered;
affiliation); 21 (for
the parties have the option to permit unaffiliated voters to participate
new registrants).
in their party primary.
Pennsylvania
Y
30
—
—
!
Voters receive the ballot for the party with which they are registered;
unaffiliated voters are not eligible to participate.
Rhode Island
Y
90
—
—
!
Voters receive the ballot for the party with which they are registered;
unaffiliated voters can choose either party ballot—the choice enrolls
them with that party.
South Carolina
N
—
!
—
!
Voters choose one party ballot at the polls; the choice is recorded and
parties have access to that list.
South Dakota
Y
15
—
—
!
Voters receive the ballot for the party with which they are registered.

CRS-10
Party affiliation for voting
Primary type
Days before election
voter can
Voter selects
Party
change/declare
party on election
State
registration
affiliation
day
Open
Closed
Comment
Tennessee
N
—
!
—
!
Voters choose one party ballot at the polls. No public record is kept of
a voter’s choice of ballot.
Texas
N
—
!
—
!
The Democratic and Republican parties conduct entirely separate
primaries, sometimes in separate locations within the same precinct.
Voters choose which primary to participate in, and the choice
informally registers them with that party for the election year. If there
is a runoff primary, voters must vote the same party as in the first
primary; those who didn’t vote in the first primary can choose either
party in the runoff.
Utah
Y
10
—
—
!
Voters receive the ballot for the party with which they are registered;
unaffiliated voters can choose either party ballot (no public record of
their choice is kept).
Vermont
N
—
!
!
—
All voters receive ballots for each political party before entering the
voting booth, but may only vote for candidates in one party. In the
presidential primary, a voter must choose one party ballot before
voting; a public record is kept of each voter’s ballot choice.
Virginia
N
—
!
—
!
Voters choose one party ballot at the polls; the choice is recorded and
parties have access to that list.

CRS-11
Party affiliation for voting
Primary type
Days before election
voter can
Voter selects
Party
change/declare
party on election
State
registration
affiliation
day
Open
Closed
Comment
Washington
N
—
—
!
—
Blanket primary. Voters receive a ballot that lists all party candidates
and may cast their vote for any candidate for each office regardless of
the candidate's party affiliation. A U.S. Supreme Court ruling in
California Democratic Party v. Jones (July 2000) found that
the system violates a party’s First Amendment right of
association; the state must revise the primary system
accordingly by 2002.
West Virginia
Y
30
—
—
!
Voters receive the ballot for the party with which they are registered;
independent voters may vote in the Republican primary (participating
does not automatically register such voters as Republicans).
Wisconsin
N
—
!
!
—
All voters receive ballots for each political party before entering the
voting booth, but may only vote for candidates in one party.
Wyoming
Y
—
—
—
!
Voters receive the ballot for the party with which they are registered;
same-day registration permits any voter to declare or change party
affiliation at the polls and reverse the change after voting.

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