US Supreme Court Considers Challenge to Closed Primaries

In a dramatic step forward for litigation challenging closed primaries, the US Supreme Court has indicated they are going to conference to discuss whether to grant a writ of certiorari to Polelle v. Florida Secretary of State; a case challenging Florida's closed primaries that Open Primaries has supported since its inception.

Close to ten thousand cases file for cert. to the Supreme Court every year and the Court chooses between 100 and 150 to hear each term.  Most are denied outright without discussion. Only those petitions that at least one Justice wishes to discuss are placed on the discuss list and voted on. The votes of four Justices are required to grant a writ of certiorari, which places the case on the Court's calendar. 

This means two major firsts. 

1. We have identified support on the US Supreme Court to consider the legal status of closed primaries and 
2. The Justices of the US Supreme Court will be seriously discussing the rights of independent voters among themselves-for the first time ever. 

Open Primaries and the Independent Voter Project (IVP) were joined by the Forward Party and Florida Forward Party in submitting an amicus brief to the US Supreme Court asking the Court to tackle the fundamental questions at the heart of the open primaries debate:

The brief offers a new resource to the movement, exploring the many open questions of law that American courts have failed to address when it comes to independent voters and offering new framings in the fight to let all voters vote.  Read the full brief HERE.

Whether or not the Court takes this specific case on, one thing is clear. We just made major headway in the legal fight for open primaries!

Kudos to Professor Polelle and all our legal partners in this case. Read on to sign up for our next Virtual Discussion-Taking Open Primaries To Court where leading attorneys will discuss the role of litigation in change politics and how getting into court could transform the primary reform movement.

Is The Media Starting To Catch On To the Rise of Independent Voters?

Independent voters, at 43%, are the largest and fastest growing segment of the electorate.  From liberal Oregon to conservative Florida, Black, Latino, Asian, and White voters of all political persuasions are ‘opting out’ of increasingly dangerous red v blue brinkmanship.  And yet, the media continues to cover American politics in an outdated red v blue paradigm. Their position is that independent voters DO NOT EXIST!  

That’s starting to change, as the growth of independent voters is putting pressure on every aspect of American politics-including the media.

Witness the feature piece in The Hill this week covering Decision Desk HQ’s deep dive into how campaigns are increasingly having to grapple with tough questions about how to target independents ahead of next year’s midterms and the 2028 presidential election.

In it they declare:

Don't believe it? Check out Open Primaries report: The Next Great Migration: The Rise of Independent Voters and Unite America Institute’s report: Not Invited to the Party Primary: Independent Voters and the Problem with Closed Primaries.

And if you’re an independent voter and want to join a community of independents working to enact change across the country, visit our Let Us Vote campaign page to learn more.

Oklahoma Campaign Is On A Roll

The Oklahoma campaign for open primaries continues a second week of headlines across the state after two major wins in court for the Yes on 836 campaign. 

The first-a unanimous decision of the Oklahoma Supreme Court that rejected a constitutional challenge to State Question 836 and declared it can be circulated for signatures.  

The second-an order that halts implementation of a new law passed by the state legislature that adds draconian restrictions on the state’s ballot initiative process as it pertains to State Question 836.  

Support is continuing to flock to the campaign, which has already amassed an impressive list of Republican, as well as Democratic and independent supporters.

Read this great endorsement just in from Erika Wright of the Oklahoma Rural Schools Coalition. In it she links the state’s closed primary system with its status as last in the nation on educational outcomes for children.

Yes on 836 is a campaign by and for Oklahomans. You can support the campaign HERE. 

Open Primaries has been a staunch partner of the campaign from its inception-we’ll keep you updated on its progress.

From Women's Suffrage through the Civil Rights era to the modern day, the history of voting rights in the United States is intertwined with litigation, which (whether successful, unsuccessful or even pursued short of a final verdict) has served as a crucial catalyst in the evolution of our democracy. 

Attorneys in multiple states are challenging closed primaries and the disenfranchisement of independent voters including a pending federal case before the US Supreme Court and state constitutional challenges in Maryland, Pennsylvania, Oregon and Wyoming. 

On Friday October 17th at 2:30pm ET, Open Primaries President John Opdycke brings together some of the attorneys leading the charge and building a litigation platform and strategy for the reform movement. They’ll discuss the role of litigation in change politics and how getting into court could transform the primary reform movement.

Featuring:

• Boyd Rutherford, Former Maryland Lt Governor and partner at Davis, Agnor, Rapaport, & Skalny.
• Chad Peace, Founder of the Independent Voter Project.
• Matt Fontana, Partner at Faegre Drinker Biddle & Reath in Pennsylvania.
• Jeremy Gruber, SVP at Open Primaries.

You won’t want to miss it!

REGISTER TODAY.

Have a great weekend,

The Open Primaries Team