Exploring Open Primaries: How They Work and Which States Use Them

Some US states give all registered voters a voice in choosing each political party’s political nominee for office. Exactly which states do this?

Nov 2, 2024By Owen Rust, MA Economics in progress w/ MPA

american primary elections

 

For most of America’s history, the process of electing political representatives may be considered undemocratic by modern standards. US senators, for example, were chosen by state legislatures rather than voters, and many elections did not have a secret ballot, subjecting voters to peer pressure. The 20th century saw populist reforms that empowered ordinary citizens. These included the adoption of open primaries, or elections conducted by major political parties where registered voters could choose their preferred candidate as the party’s nominee. Which US states today have open primaries?

 

Setting the Stage: Conventions Over Primaries

Convention timeline precinct to national
A timeline showing the dates that different party conventions are held in 2024. Source: Montgomery (TX) County Republican Party.

 

Prior to World War II, much of the power to pick party nominees for elected offices rested with party conventions, or meetings of party leaders. Voters would vote in November and discover which candidate their respective parties had chosen as the nominees. Many citizens felt that this system was relatively undemocratic, as several candidates often wished to be the party’s nominee for a single elected position, but voters had no say. Some complained that the party leaders at the conventions made poor choices, saddling the party with unpopular nominees who would go on to lose the general election.

 

A classic example occurred in 1912, when the Republican Party leadership chose to retain incumbent president William Howard Taft as the party’s presidential nominee rather than the more popular former president Theodore Roosevelt. Roosevelt formed his own political party and split the Republican vote in the November election, allowing Democratic nominee Woodrow Wilson to win the White House in a landslide. Progressive reformers argued that competitive primaries would reveal the most popular candidates, encouraging party leaders to choose the victors as the nominees to avoid splitting the vote. During the Progressive Era of the early 1900s, party conventions began to be seen as elitist and out-of-touch.

 

Setting the Stage: Caucuses Over Elections

Voters groups in caucus
A photograph of party members grouped by candidate in the 2020 Iowa Democratic caucuses. Source: Brookings Institution.

 

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While many viewed party conventions as staid affairs of elite men in smoke-filled back rooms, some gatherings of political party members to pick nominees for office were more lively and democratic. The first caucuses, or meetings of party members to select presidential and vice presidential candidates, were held in 1804. These were replaced by conventions within a few decades, giving more power to wealthy, unelected men who could influence candidates from behind the scenes. However, at the state and local level, caucuses remained a way for voters and activists to promote candidates for the party nomination.

 

Caucuses were popular because they were active and engaging. Unlike elections, caucuses allowed supporters of candidates to speak on their behalf and attempt to persuade voters to shift their allegiances. These meetings were organized by the political parties and only open to party members, thus violating today’s norms like secret ballots and no politicking or electioneering (campaigning) near a polling place. Over time, caucuses have become less popular because they are often seen as confusing and potentially undemocratic: they allow louder groups to intimidate others, and voters who cannot stand for long periods may struggle to participate. Voters must physically line or group up in support of candidates and be counted by party officials, which can exclude voters with limited mobility.

 

Open Primaries Defined

Open primary US flag
A 2019 image indicating an open primary contest. Source: Office of Pennsylvania State Senator Lisa Boscola.

 

Most states have adopted primary elections instead of caucuses. These look similar to general elections held in November: voters arrive and cast a secret ballot while following contemporary election rules. Open primaries are open to all registered voters, allowing them to decide which party to vote for. States with open primaries do not require voters to pick a political party affiliation when they register to vote. Thus, independent voters may participate in open primaries but not caucuses or closed primaries. When voters arrive at an open primary, they must pick a major party ballot to complete.

 

Growing in popularity, however, are multi-party primaries, which are even more open: voters receive a single ballot with candidate choices for both major parties. Some of these states allow multiple candidates from each party to advance to the general election, whereas traditional open primaries, closed primaries, and caucuses only allow a single candidate to contest the general election. This degree of openness, however, is typically only seen in localized elections rather than statewide (governor) or federal (US representative, US senator, president/vice president) elections.

 

The History of Open Primaries

1917 primary election law Illinois
A pamphlet from the state of Illinois detailing its primary election laws as of July 1, 1917. Source: Library of Congress.

 

Primaries became increasingly popular during the Progressive Era, with voters wanting to strip power from political machines that allowed wealthy business moguls to control government services through the spoils system. By 1917, four years after the 17th Amendment to the US Constitution required direct election by voters for US senators, almost all states required primary elections for statewide offices. Most primaries were initially closed, including by race—minorities were often excluded from voting in primary elections in the South (as they were in all elections). During the 1920s and 1930s, however, states began to open their primaries and allow open primaries where independent voters could cast ballots.

 

As early as the 1930s, some states were trying to move past open primaries to blanket primaries, where voters could vote for all potential nominees of all parties. These faced legal challenges, with the US Supreme Court ruling in 2000 that blanket primaries violated political parties’ freedom of association. Since political parties were private entities and not government entities, they could choose to exclude non-members. However, states were able to later utilize top-two primaries, where voters participate in a nonpartisan (no political party listed) primary, with the top two candidates from each major party being placed on the general election ballot.

 

Which States Have Open Primaries Today?

US map primary types
A map showing the types of statewide primary contests held by each state. Source: New Mexico Open Elections / Open Primaries.

 

Today, most states in the South and West have open primaries, with California, Washington, Alaska, and Louisiana the most open as multi-party primaries. Several other states in the Midwest and South have semi-open primaries where independents can pick which party ballot to vote. Oregon and Idaho are not fully open, but give the major political parties the option during each election cycle to allow independent voters to vote. Only 12 states and Washington, DC have closed primaries, where only registered party members can participate in that party’s primary process.

 

In some open primary states, 17-year-olds are allowed to vote if they will be 18 by the date of the general election in November. The eligibility of 17-year-olds can vary considerably because, unlike the general election, statewide primary elections are held from early spring to late summer. Twenty states and Washington, DC allow 17-year-old primary voting, which affects several thousand young people who turn 18 between the primary and general elections. However, and perhaps ironically, whether a state has open or closed primaries does not seem to affect the likelihood of allowing 17-year-olds to vote in them; some open and multi-party primary states require voters to be 18.

 

Semi-Open and Semi-Closed Primaries Explained

Semi open primary explanation
A graphic explaining semi-open primaries as open to independent voters but not to voters registered with the opposing major party. Source: New Mexico Open Elections.

 

When the term “open primary” is used in general terms, it refers to allowing independent voters to pick a party’s ballot in the primary election. In reality, there are different types of “open” primaries. A semi-open primary allows independent voters to pick either party’s ballot, but voters who have registered as party members may only receive that party’s ballot. Basically, once a voter picks a political party, he or she cannot cross vote in the other political party’s primaries. Only in multi-party primaries can voters cross vote for Democrats for some offices and Republicans for other offices.

 

Sometimes, semi-open primaries are called semi-closed primaries. Semi-closed primaries may also refer to the handful of states that give political parties the option to pick whether they will allow independent voters or members of opposing parties to vote in their primaries. It may also refer to states that require party affiliation to vote in that primary but allow on-site party registration. This would technically allow independent voters to participate in the primary, but those voters might have to disaffiliate before the next primary to avoid being “locked in” to that party’s ballot.

 

Strategy: How Candidates Handle Open Primaries

Red and blue voters same ballot box
A 2020 graphic showing blue Democratic/liberal voters and red Republican/conservative voters using the same ballot box. Source: CalMatters.org.

 

It is important for candidates to strategize based on the type of primary to appeal to the most possible voters, particularly during a close race. Open primaries, which allow all registered voters to pick one party’s ballot, usually encourage candidates to campaign more as moderates than as partisans (strict adherents to one political party). A Democratic candidate may campaign towards the center to appeal to moderate, independent, and even Republican voters. Similarly, a Republican candidate may moderate their views to appeal to moderate, independent, and even Democratic voters.

 

Primary elections graphic
A 2018 image encouraging readers to learn more information about primary elections in the United States. Source: Midwest Political Science Association (MPSA).

 

Perhaps controversially, candidates may also encourage their party’s voters to cross vote in the other party’s primary. This strategy is more common when one party has a dominant candidate who is assured of winning the nomination and can afford to redirect voters to influence the opposing party’s primary process. The goal in this scenario is to support the least competitive candidate of the rival party, hoping to saddle that party with a nominee who cannot win the general election. This is difficult to do in closed primaries: in 2022, Democrats in Wyoming had to change their party affiliation to vote in the Republican primary for incumbent US Representative Liz Cheney, who was under attack by supporters of former US president Donald Trump.

 

Benefits of Open Primaries

Independent voter Arizona
Pamphlets for a November 2023 event at Arizona State University discussing independent voters in the United States. Source: Arizona State University (ASU).

 

Open primaries are more democratic than closed primaries because they allow independents to vote. This also increases voter turnout, which makes those states more democratic. Allowing independents to participate in primaries is also important because many independents are highly partisan (support a political party) but have not chosen or been able to register with the party. These partisan independents, often called left-leaning or right-leaning in political science, are a major component of the electorate (voters). Open primaries allow their voices to be heard.

 

For parties and candidates, open primaries are beneficial because they are more realistic to the conditions faced during the general election in November. Closed primaries and caucuses, which only allow registered party members to participate, may result in a highly partisan nominee who is unpopular with moderate and independent voters and liable to lose the general election. Open primaries are considered more competitive and result in stronger party nominees who are more likely to win in November. Finally, in safe states where one party dominates all statewide elections, the primary essentially is the general election, meaning those who cannot vote in the primary have virtually no voice at all in the democratic process.

 

Drawbacks of Open Primaries

Party switching Delaware
A graphic about voters switching their party affiliation, which is unnecessary in states with open primaries. Source: League of Women Voters of Delaware.

 

Critics of open primaries argue that the process could be sabotaged by the opposing party through cross-voting. Democrats and left-leaning independents may intentionally choose a Republican ballot to select the least-competitive candidates, hoping to saddle the Republican Party with unpopular nominees. Similarly, Republicans and right-leaning independents may choose a Democratic ballot to try to burden that party with uncompetitive nominees as well. It is difficult to determine the incidence of cross-voting, as independents may not admit to the practice.

 

Closed primaries limit cross-voting and thus allow parties to better select nominees favored by their members. Many may also prefer closed primaries because they reserve primary voting for party members, limiting the free rider problem. In closed primaries, only party members who are invested in the result are voting. Independent voters may be less informed about the candidates, less invested in the political process, and less likely to vote again in the general election compared to registered party members. Therefore, parties in closed primary states may feel little obligation to provide a voice to voters who are unwilling to pick a party preference.

 

The Future of Open Primaries

Headlines about closed primaries
Newspaper headlines circa 2023 about various US states considering changing their primary elections status. Source: Open Primaries.

 

Open primaries are popular with voters, and more states have made their statewide primaries open over time. This is heavily influenced by the fact that a plurality of voters are independent—about 40 percent—with only about 30 percent each being either Democrat or Republican. However, some swing states worry about cross-voting and want to maintain closed primaries, as the two political parties are roughly equally matched and are more susceptible to sabotage by cross-voting.

 

Some states that are becoming more competitive, such as Texas, are looking at closing their primaries to prevent cross-voting. The dominant political party in these states may fear the growing power of the opposing party, or independents who lean toward that party, and move to protect its primary elections from possible sabotage. Recently, Wyoming, Louisiana, and Tennessee made moves to close their primaries. However, Nevada and Colorado have moved to open theirs further. Overall, it appears that open primaries are likely to continue in most states due to the greater voting power of independents.

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By Owen RustMA Economics in progress w/ MPAOwen is a high school teacher and college adjunct in West Texas. He has an MPA degree from the University of Wyoming and is close to completing a Master’s in Finance and Economics from West Texas A&M. He has taught World History, U.S. History, and freshman and sophomore English at the high school level, and Economics, Government, and Sociology at the college level as a dual-credit instructor and adjunct. His interests include Government and Politics, Economics, and Sociology.