Open Primaries Education Fund Goes to Court in Maryland 

The Open Primaries Education Fund, in partnership with Davis, Agnor, Rapaport & Skalny, LLC, one of Maryland’s leading law firms, filed a lawsuit in Maryland this week on behalf of five plaintiffs across the state against the Maryland State Board of Elections, challenging the State’s closed primary elections as unconstitutional.   

The case is making waves, not only Maryland but the rest of the country with over a dozen publications carrying the story, including features in the Washington Post and The Baltimore Sun.

The Complaint, filed in the Circuit Court for Anne Arundel County, alleges that the MDSBE is denying Maryland citizens their fundamental right to vote, and seeks to stop the State from funding “closed” primary elections in violation of the Maryland Constitution.

OP Senior VP Jeremy Gruber was quoted in the Washington Post on the timing of the lawsuit: 

“It was a perfect storm of individuals, all of whom were dedicated to independent voters and primary reform who just happened to come together at the right moment.”

The five plaintiffs represent Marylanders from across the state of all different backgrounds who share one common belief: every Marylander deserves the right to vote.

“It’s ultimately a question of suffrage,” says former Maryland Lt. Governor Boyd K. Rutherford, our lead counsel. “We are not seeking to require the political parties to allow unaffiliated voters to vote in partisan party primary elections. This action is to prevent the State from funding these primaries that unconstitutionally exclude unaffiliated voters.”  

“Nearly a million Maryland voters shut out of voting is a crisis,” Jeremy Gruber, SVP of the Open Primaries Education Fund added in a press release. “Independent voters are the fastest growing group of voters in America, but they are treated as second-class citizens in Maryland and across the country. We cannot continue to publicly fund and administer elections that shut these voters out if we want to continue to call ourselves a democracy.” 

Litigation has been a key component of every change movement in America, and we believe the political reform movement should be no different. That’s why the Open Primaries Education Fund has been dedicated to building a litigation platform for many years. 

We’ll be keeping you posted as the case progresses. Maryland is just the beginning!

New Bill Introduced in Nevada to Allow Independents the Right to Vote in Primaries

Major development out of Nevada–Assembly Speaker Steve Yeager (D-Las Vegas) has introduced an emergency bill- AB597- which would expand the voting options of the state’s 840,000 nonpartisans who make up the largest voting bloc in Nevada but are left out of participating in most primaries.

“It’s just time to make sure that nonpartisans and non-affiliated voters can vote in partisan elections.”

–Assembly Speaker Steve Yeager

There’s only one week left in the legislative session, but it appears this bill is being fast-tracked by legislative leadership. What’s still not clear is whether the rapidity with which they are moving is an indication that they actually want a new relationship with independents or just want their votes. We shall see!  In the short term we're encouraging our supporters to pressure their legislators to support the bill. 

Last night, the bill was heard in a Joint meeting of the Assembly and Senate Legislative Operations and Elections Committees. Nevada Secretary of State Cisco Aguilar spoke in support of the bill stating, “it’s all about access.” OP Senior VP Jeremy Gruber testified in support as well: 

The bill was positively voted out of committee and moves directly to the Assembly floor for an expected vote later today. If it passes, it will go directly to the Senate floor for a similar vote. 

But don’t take our word for it–listen to some independent Nevadans we spoke to who think it’s past time they have full voting rights in the Silver State:

All credit goes to Sondra Cosgrove, Doug Goodman, Cesar Marquez and all the Nevada activists who have worked tirelessly to keep the pressure on the legislature and whose underlying message of voter disenfranchisement clearly struck a chord with the state’s political establishment. 

Stay tuned. If you live in Nevada, and want to add your voice to the effort to pass AB597, email [email protected].

NYC Charter Revision Commission Holds Queens Hearing: Open Primaries Continues to Organize Independent Voters to Speak Out for Primary Reform

Open Primaries is continuing to organize independent voters to show up, speak out, and talk with the NYC Charter Revision Commission about the urgent need to open the primaries. This week independents came out in force in Queens, where many spoke of the humiliating experience of being locked out of the all important first round of voting. Karanjit Paul and Michael Tagariello, two activists from Veterans for All Voters, spoke eloquently about being locked out of elections that they served to protect and shared that 53% of post 9/11 veterans are independents.

The Commission also heard testimony from several national experts, including Paul Johnson, the former Mayor of Phoenix. Paul outlined the different ways candidates campaign in an open primary system (where they talk to ALL voters not just prime party members of one party) and how that positively impacts on governance.

Chad Peace, Strategic Advisor and Counsel to the Independent Voter Project shared the positive impact Top Two nonpartisan elections has had in CA, including on state legislators' capacity to govern and the fundamental rights at stake in the consideration of opening the primary.

Raquel Centeno from USC shared important research showing the negative impact of closed primaries on voter participation in the general election, especially in communities of color. 

We took to the streets as well - check out what these New Yorkers think about preventing one million independents from participating in the first round of voting!  (YouTube / Instagram) 

ICYMI-check out the fantastic testimony from Open Primaries activist Sarah Prinsloo at the Brooklyn hearing on May 19th.

The next hearing is in the Bronx on June 10th. If you live in New York City, now is the time to testify. You can see upcoming hearing dates and sign up to participate here.

OK Campaign Chair Pat McFerron Hosts Community Discussion on SQ 836 and Opening Oklahoma’s Primaries to All Voters

Pat McFerron, a well-known pollster and Vote Yes on SQ 886 campaign leader recently penned an op-ed in The Oklahoman on why conservatives in Oklahoma should embrace reforming Oklahoma’s primaries and letting all voters vote. 

This week McFerron appeared as a guest on Bartelsville Radio’s Community Connection and hosted a live discussion at the Bartlesville Daybreak Rotary Club to talk more about SQ 836 and what’s on the line in Oklahoma with this campaign. 

Some highlights: 

• Research shows most voters want to choose the best person for the job regardless of party affiliation.
• Adopting an open primary system, like most towns and cities in Oklahoma already have makes sense and will put the focus on the people, and force officials to listen to ALL their constituents, not just a tiny fraction who show up in a partisan primary and closed run-off election.

Listen to McFerron’s full talk on SQ 836.

Have a great weekend,

The Open Primaries Team