Independent Voters File Lawsuit To End Closed Primaries in Pennsylvania

A group of five independent voters including CNN political commentator Michael Smerconish filed a lawsuit Wednesday-supported by Open Primaries- asking a Pennsylvania court to end the commonwealth’s bar against independent voters participating in primary elections. 

The group, which also includes David Thornburgh, chairman of Ballot PA Action, argues the provision is unconstitutional and violates the right “to cast an equally weighted vote” and to “have an equal opportunity to translate votes into representation,” enshrined in the Free and Equal Elections Clause of the state Constitution.

The filing in Commonwealth Court follows an unsuccessful request to the state Supreme Court to exercise its power to hear extraordinarily important matters without first being considered in lower courts. Petitioners had little expectation such an end run would be successful on its merits, but it offered the opportunity to expose their opponents and their theories of the case at an early stage.

Newsflash: The new petition includes first of its kind expert testimony citing Pennsylvania election data that shows how denying unaffiliated voters participation in primaries dilutes the power of their votes. 

Carnegie Mellon University Department of Mathematics Professor Wesley Pegden analyzed election data between 2002 and 2020 for all state House and Senate races. He also looked at mayoral and school board elections in the counties where the petitioners live and major local elections for mayor and other executive roles across the state. Pegden found the median influence of Democratic and Republican voters in legislative elections from 2002 to 2020 was nearly double that of independent voters.  

We’ll keep you posted as the case proceeds.

Oklahoma Voters Speak Out And the State Democratic Party Closes Its Primary

The 90-day signature gathering effort for State Question 836 top two open primaries is in full swing! Volunteer & hired petitioners are now working hard from the panhandle to Tulsa so every Oklahoman has a chance to sign and have their voice heard. And voters are speaking their minds as to why the Sooner state needs election reform. Check out the great footage from the Tulsa State Fair, as Republicans, Democrats and independents alike demand change.

Meanwhile, independent voters in Oklahoma will not be able to participate in primary elections for the 2026-2027 election cycles, the Oklahoma State Election Board announced Wednesday. The decision affects both Democratic and Republican primaries. While Republican primaries have historically excluded independent voters, Democrats previously allowed independents to participate in their primary elections. This year, though, the Party failed to file timely paperwork implementing the decision.

Just another reason why parties need to get out of the business of gatekeeping our elections!

Open Primaries Joins Reformers From Across the Country At NANR

Open Primaries President John Opdycke and SVP Jeremy Gruber joined reformers from coast to coast at the National Association of Nonpartisan Reformers annual summit. NANR is a coalition of organizations and individuals dedicated to structural electoral reforms that put the public interest first and foster more robust competition among many political parties and independent candidates. 

Opdycke and Gruber presented on Open Primaries’ groundbreaking litigation work on the rights of independent voters and spoke over the course of the event on why primary reform is such a foundational change. As they declared: “Open Primaries isn’t just about reform, it’s about basic voting rights for millions of Americans.”

And in case you missed it, here is Jeremy Gruber’s recent appearance on CNN talking about the importance of the open primaries movement using litigation to advance our agenda.

Florida Open Primaries Talks Voter Suppression

Florida Open Primaries joined the Florida League of Women Voters before a packed house of dozens of voters to talk about voter suppression in the state of Florida where 4 million independents are denied the right to vote. FLOP was joined by Micheal Polelle, whose Open Primaries backed lawsuit challenging Florida's closed primary system broke new ground earlier this year. 

To promote the event, FLOP leaders Lenny Guckenhiemer and John Marvin joined Michael Polelle, the LWV and Larry Hannan from State Voices Florida on WMNF's The Skinny with hosts Mitch Perry and Ray Roa for an excellent dialogue on increased voter suppression in the state with gerrymandering and closed primaries. You can listen to the show on Spotify here.

Special Note from National Organizer Bree Doldron: 

Bree Doldron here. I’m new to the Open Primaries team, and I want to start by saying thank you. By being here, you’ve already proven that you care about something bigger than the usual partisan politics. 

I chose to join this movement because I don’t care about parties at all. Truly. I (like many of my fellow Gen-Zers) don't see myself in the major party labels. I’ve never seen my voice accurately represented by the current system, which is designed to divide us and distract us.

I care about a simpler, more fundamental principle: inclusion.

I believe that everyone, regardless of affiliation, deserves a seat at the table where decisions are made. Yet in 2026, 20 million Americans are locked out of the primaries that decide 85% of our elections.

That is why I’m excited to be here for the launch of Operation Independent 2026. This isn’t just a campaign; it is a shift of our political culture. We are building a digital engine to change the narrative that independents are invisible, and putting boots on the ground to build the public pressure necessary to finally break the system open.

We cannot do this without you. Which is why I want to ask you for two things today: 

1. Can you make a tax deductible donation to the Open Primaries end of year campaign?

2. Will you come on board as a monthly sustainer (also tax deductible!) for 2026 to help fuel Operation Independent next year?

Your support directly drives the critical work of demanding consideration for ALL voters, regardless of party affiliation, and our tactics that break through the noise.

This movement is about securing that inclusive future. Let's build it together.

Have a great weekend,

The Open Primaries Team