More than 1 million registered Maryland voters cannot participate in the state’s primary election this week. Not because they failed to register. Because they belong to no political party, and Maryland runs a closed primary that bars anyone without a party affiliation from casting a ballot in partisan races.
Maryland’s closed primary system allows only registered Democrats and Republicans to vote in party primary contests. Unaffiliated voters can cast ballots only for non-partisan offices, like school board seats. In many Maryland districts, the primary is the only competitive race, meaning the general election outcome is effectively decided before unaffiliated voters get any say.
A Lawsuit Argues the State Cannot Fund Elections That Exclude Taxpayers
Five unaffiliated voters filed suit in May 2025 arguing that Maryland cannot constitutionally spend public money on elections that exclude a class of registered voters. Former Lt. Gov. Boyd Rutherford represents the plaintiffs. An Anne Arundel County Circuit Court judge dismissed the case in November 2025, and it is now on appeal.
“I should not have to join a private political party to fully participate in a public election. And neither should the more than 1 million other Maryland voters who are unaffiliated. This is a voting rights issue.”
Amber Ivey, plaintiff, conference call with open primary advocates, June 19, 2026
The Maryland Office of the Attorney General responded to the appeal last week, arguing that political parties have a First Amendment right to choose who votes in their primaries. Rutherford says that argument misreads the lawsuit entirely. The plaintiffs are not asking parties to change their membership rules.
“We are not challenging their ability or their right to associate with like-members,” Rutherford said. “We’re saying that the state can’t pay for it because by endorsing, by supporting, by funding, you are denying the rights of citizens as guaranteed by the state constitution.”
Both parties have requested a hearing date. The plaintiffs expect to file their response to the attorney general’s brief before the end of June 2026.
Roughly one in seven Maryland registered voters is currently locked out of partisan primaries. That number has grown as more voters decline to affiliate with either major party, a national trend documented by the Pew Research Center.
What You Can Do Now
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Call Maryland Governor Wes Moore’s office at (410) 974-3901 and tell his staff that more than 1 million Maryland taxpayers fund primary elections they are barred from voting in. Ask the governor to publicly support open primary legislation in the next General Assembly session.
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Contact your Maryland state legislators through the Maryland General Assembly member directory and ask them to sponsor open primary legislation. Specific ask: “Please introduce a bill to open Maryland’s primaries to unaffiliated voters, or at minimum to stop using state funds for party-only elections.”
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Track the appeal through the Maryland Judiciary Case Search and write to your district’s state delegate and senator citing the case. Courts respond to legislative pressure. Elected officials need to know their constituents are watching the outcome.
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Contact the Maryland State Board of Elections at (800) 222-8683 and ask the board to issue a public report on how much state money funds the closed primary each election cycle. That number, made public, strengthens the plaintiffs’ constitutional argument.
Sources
Maryland Matters: Unaffiliated Maryland voters excluded from primary on eve of election
Brennan Center for Justice: How Closed Primaries Reduce Voter Participation
National Conference of State Legislatures: Primary Election Types by State
Pew Research Center: The Partisanship and Ideology of American Voters, April 2024