The laws governing state primaries are complex and nuanced, and state primary laws have been a cause of confusion among voters and election administrators alike. The manner in which party primary elections are conducted varies widely by state. Primaries can be categorized as closed, partially closed, partially open, open to unaffiliated voters, open or multi-party. For a list of all 50 states and their primary types, please see the table State Primary Types at the bottom of the page.
States often use different systems for how they conduct their state and presidential primaries: Some states hold their state and presidential primaries on the same day, some hold them weeks or even months apart, and some hold the two primaries on the same day but have different rules for each. See NCSL’s How States Differentiate Presidential Primaries From State Primaries for which state primary rules differ from presidential elections.
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For more information on primary elections see the report Primaries: More Than One Way to Find a Party Nominee.
Closed Primaries
In general, a voter seeking to vote in a closed primary must be a registered party member. Typically, the voter affiliates with a party on their voter registration application. In states without partisan voter registration, voters who are not bona fide members of the party may face penalties. Independent or unaffiliated voters, by definition, are excluded from participating in the party nomination contests. This system deters “cross-over” voting by members of other parties and generally contributes to a strong party organization.
State
Statute
Delaware
Del. Code Ann. tit. 15, § 3110
Florida
Fla. Stat. § 101.021
Kentucky
Ky. Rev. Stat. § 116.055
Nevada
Nev. Rev. Stat. § 293.287
New Jersey
N.J. Rev. Stat. § 19:23-45
New Mexico
N.M. Stat. Ann. § 1-12-7
New York
N.Y. Election Law § 17-102
Pennsylvania
Pa. Stat. tit. 25, § 299
Tennessee
Tenn. Code Ann. § 2-7-115
Wyoming
Wyo. Stat. § 22-5-214 Wyo. Stat. § 22-5-212 Wyo. Stat. § 22-5-209
Partially Closed
In this system, state law permits political parties to choose whether to allow unaffiliated voters or voters not registered with the party to participate in their nominating contests before each election cycle. In this system, parties may allow unaffiliated voters, while still excluding members of opposing parties. This system gives the parties more flexibility from year to year about which voters to include. At the same time, it can create uncertainty about whether certain voters can participate in party primaries in a given year.
State
Statute
Connecticut
Conn. Gen. Stat. § 9-431
Idaho
Idaho Code § 34-904 Idaho Code § 34-904A
Kansas
Kan. Stat. Ann. § 25-3301
Maryland
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Md. Election Code Ann. § 8-202
Oklahoma
Okla. Stat. tit. 26, § 1-104
Oregon
Or. Rev. Stat. § 254.365
South Dakota
S.D. Codified Laws Ann. § 12-6-26
Utah
Utah Code Ann. § 20A-9-403
West Virginia
W. Va. Code § 3-4A-20
Partially Open
This system permits voters to cross party lines, but their ballot choice may be regarded as a form of registration with the corresponding party. Iowa, for instance, asks voters to choose a party on the state voter registration form, yet it allows a primary voter to publicly change party affiliation for purposes of voting in a primary election. Some state parties keep track of who votes in their primaries as a means of identifying their backers.
State
Statute
Illinois
Ill. Rev. Stat. ch. 10, § 5/7-44
Indiana
Ind. Code § 3-10-1-6
Iowa
Iowa Code § 43.42
Ohio
Ohio Rev. Code Ann. § 3513.19
Open to Unaffiliated Voters
Many states allow unaffiliated voters to participate in any party primary they choose, but do not allow voters who are registered with one party to vote in another party’s primary. This system differs from a true open primary because a Democrat cannot cross over and vote in a Republican party primary, or vice versa. New Hampshire requires that unaffiliated voters declare affiliation with a party at the polls in order to vote in that party’s primary. In Colorado, unaffiliated voters who vote by mail must return just one party’s mail ballot, or state which party ballot they want at the polls. The choice is public information, although it does not change the voter’s unaffiliated status.
State
Statute
Arizona
Ariz. Rev. Stat. Ann. § 16-467
Colorado
Colo. Rev. Stat. § 1-7-201
Maine
Me. Rev. Stat. Ann. tit. 21-A, § 340
Massachusetts
Mass. Gen. Laws Ann. ch. 53, § 38 Mass. Gen. Laws Ann. ch. 53, § 37
New Hampshire
N.H. Rev. Stat. Ann. § 659:14
North Carolina
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N.C. Gen. Stat. § 163-59 N.C. Gen. Stat. § 163-119
Rhode Island
R.I. Gen. Laws § 17-15-24
Open Primaries
In general, but not always, states that do not ask voters to choose parties on the voter registration form are “open primary” states. In an open primary, voters choose which party’s ballot to vote, but this decision is private and does not register the voter with that party. This permits a voter to cast a vote across party lines in a primary election. Critics argue that an open primary dilutes the parties’ ability to nominate. Supporters say this system gives voters maximal flexibility—allowing them to cross party lines—and maintains their privacy.
State
Statute
Alabama
Ala. Code § 17-3-30 et seq.
Arkansas
Ark. Stat. Ann. § 7-7-307 Ark. Stat. Ann. § 7-7-308
Georgia
Ga. Code § 21-2-224
Hawaii
Hawaii Rev. Stat. § 12-31
Michigan
Mich. Comp. Laws § 168.531
Minnesota
Minn. Stat. § 204D.08
Mississippi
Miss. Code Ann. § 23-15-575
Missouri
Mo. Rev. Stat. § 115.397
Montana
Mont. Code Ann. § 13-10-301
North Dakota
N.D. Cent. Code § 16.1-11-22
South Carolina
S.C. Code Ann. § 7-9-20
Texas
Tex. Election Code Ann. § 172.086
Vermont
Vt. Stat. Ann. tit. 17, § 2363
Virginia
Va. Code § 24.2-530
Wisconsin
Wis. Stat. § 5.62
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