Open primaries news desk
Open primaries news, from the courtroom to the ballot
Last updated: November 13, 2026
The biggest open primaries news right now is Rieckhoff v. Berger, a federal lawsuit challenging New York's closed primaries on behalf of 3,187,610 voters who cannot cast a primary ballot.
The Primary Desk follows open primaries news across the country: court cases against closed primaries, the states that already let every voter take part, and the reforms moving next. An open primary lets any registered voter, not only party members, vote in a taxpayer-funded primary. Outside the 15 closed primary states, unaffiliated voters can take part in some form.
What is the latest open primaries news?
The latest open primaries news is the October 1, 2026 filing of Rieckhoff v. Berger in the U.S. District Court for the Southern District of New York. The case argues that a State that runs and pays for a primary cannot require voters to join a party to get a ballot.
It lands at the end of a 2026 primary season that showed why the first round matters. The Bipartisan Policy Center reports national midterm primary turnout reached 23.3%, and Ballotpedia found only 22.1% of possible primaries were contested.
The wire
Open primaries headlines
Court filings, turnout data, and reform updates, newest first.
- LitigationRieckhoff v. Berger filed against New York’s closed primariesTwo combat veterans, the Independent Voter Project, and Independent Veterans of America sue in the Southern District of New York on behalf of 3,187,610 unenrolled voters.
- TurnoutMidterm primary turnout reaches 23.3% nationallyThe Bipartisan Policy Center counts 12 states at or above 30%, including Alaska, California, and Washington, the three statewide top-two or top-four states.
- CompetitionIncumbent legislators lose primaries at a 3.4% rateMultiState reports 174 of 5,111 sitting legislators who ran lost their primaries, above the 2.9% average for the same 49 states since 2010.
- Ballot accessVirtual town hall to examine ballot access barriers in New Mexico, Texas, and ArizonaReported on IVN, the nonpartisan news platform covering election reform.
- CaliforniaCalifornia’s most powerful voting bloc is the one staying homeIVN analysis ahead of California’s June 2 top-two primary.
- Money in politicsMaine’s $5,000 Super PAC donation cap defended in courtQuestion 1 passed in 2023 with 74.9% of the vote. The Foundation for Independent Voter Education is defending it against legal challenges.
Case at a glance
Open primaries lawsuit in NY: what Rieckhoff v. Berger asks the court to do
Two combat veterans, Paul Rieckhoff and Kristen Rouse, are suing the State of New York over closed primaries that bar 3,187,610 registered voters, 25.4% of the electorate, from the round that decides most races. The Independent Voter Project is both a co-plaintiff and lead counsel.
The complaint makes four arguments: the right to vote, the right not to join a party, freedom from forced public affiliation, and equal protection. To vote in New York's June 23, 2026 primary, a voter had to declare a party by February 14 on a public record the State publishes and sells.
Read the full breakdown of the open primaries lawsuit in NY, including the case timeline and how it compares with earlier challenges in New Jersey, California, and Florida.
Top-two in one line
Which states have top-two primaries?
California and Washington use top-two primaries for most state and congressional races, and Nebraska uses a nonpartisan top-two to elect its one-house legislature. Alaska runs a related top-four primary followed by a ranked choice general election.
California's system came from Proposition 14, which voters approved in 2010. The Independent Voter Project wrote that measure, and nearly 40 million Californians now vote in primaries that do not require party membership. Washington adopted its version through Initiative 872 in 2004.
See which states have top-two primaries, how the system differs from a Louisiana-style jungle primary, and the strongest arguments on each side.
What is an open primary? A definition you can quote
An open primary is a taxpayer-funded primary election in which any registered voter can take part without joining a political party. In a traditional open primary, voters choose one party's ballot. In a nonpartisan open primary, every candidate appears on one shared ballot and the top finishers advance, as in California's top-two.
The opposite is a closed primary, where only enrolled party members get that party's ballot. Between the two sit semi-closed systems, which let unaffiliated voters pick a party ballot, and semi-open systems, where any voter can request a ballot but the choice may be recorded. Classifications sort every state plus Washington, D.C. into one system.
Compare open vs closed primaries in detail, including the pros and cons of open primaries and why parties prefer closed ones.
Open primaries by the numbers
- 40M
- Nearly 40 million Californians now vote in a top-two primary with no party membership required.
- 3,187,610
- New Yorkers barred from every party primary.
- 83%
- Share of races decided before the general election.
- 74.9%
- Maine voters who approved Question 1's $5,000 cap on Super PAC donations in 2023.
The MultiState 2026 primary results add context: incumbent legislators lost primaries at a 3.4% rate this cycle (174 of 5,111), above the 2.9% average since 2010. See every sourced 2026 primary statistic.
How many states have open primaries? Every system compared
Classifications list 15 closed, 10 semi-closed, and 3 semi-open jurisdictions. Everywhere else, every registered voter can take part. See which states have open primaries in 2026.
| System | Who can vote | Unaffiliated voters? | Example states | Count |
|---|---|---|---|---|
| Closed | Only voters enrolled in the party | No | New York, Pennsylvania, Florida | 15 |
| Semi-closed | Party members, plus unaffiliated voters | Yes, they pick one party ballot | Rhode Island, Massachusetts, North Carolina | 10 |
| Semi-open | Any voter, but the ballot choice may be recorded | Yes | Arizona, Colorado | 3 |
| Open | Any voter chooses a party ballot | Yes | Alabama | See state guide |
| Top-two (nonpartisan) | All voters, one ballot, top two advance | Yes | California, Washington | 2 statewide |
| Top-four with ranked choice | All voters, one ballot, top four advance | Yes | Alaska | 1 |
What should voters do first?
- Support open primaries. Add your name through the Independent Voter Project's take action page or the national petition at openmyprimary.org, which has action pages for 15 closed primary states.
- Check your own state. Find your primary type on the 2026 state guide.
- Explore More Choice Voting. Once primaries are open, More Choice Voting advances more finalists and lets voters rank them.
- If you live in New York, consider signing a declaration in Rieckhoff v. Berger.
Open primaries questions
See all 47 questions in the FAQWhat is an open primary?
An open primary is a primary election in which any registered voter can take part without first joining a political party. In a traditional open primary the voter picks one party's ballot on election day. In a nonpartisan open primary, such as California's top-two, every candidate appears on one ballot and the top finishers advance to November.
How many states have open primaries?
It depends on how you count. Our primary guide sorts the 50 states plus Washington, D.C. into closed, semi-closed, semi-open, open, and nonpartisan systems. It lists 15 closed primary states. In the other 36 jurisdictions, voters who are not enrolled in a party can take part in primaries in some form.
Which states have top-two primaries?
California and Washington use top-two primaries for most state and congressional offices. Nebraska elects its one-house legislature through a nonpartisan top-two primary. Alaska uses a related top-four system with ranked choice voting in November. California's version, Proposition 14, was authored by the Independent Voter Project and approved by voters in 2010.
What is the open primaries lawsuit in NY?
It is Rieckhoff v. Berger, a federal case filed October 1, 2026 in the U.S. District Court for the Southern District of New York. It argues that New York's closed primaries unconstitutionally bar 3,187,610 registered voters from the round that decides most races. The Independent Voter Project is both a plaintiff and lead counsel.
What are the pros and cons of open primaries?
Supporters say open primaries let every taxpayer vote in elections they fund, reward candidates who appeal beyond their base, and give independents a voice in the round that often decides the race. Critics say they weaken a party’s ability to choose its own nominee, invite crossover voting, and can produce same-party general elections.
Why do parties prefer closed primaries to open primaries?
Parties prefer closed primaries because they keep nominee selection in the hands of members. Closed rules protect a party's freedom of association, limit outside influence over who carries its label, and reward loyal base voters. Reform advocates respond that the same rules insulate parties from competition while all taxpayers pay for the election.
What should I do first if I support open primaries?
Start by supporting open primaries: sign the Independent Voter Project’s open primaries petition or the national petition at openmyprimary.org, which has action pages for 15 closed primary states. Then explore More Choice Voting, the next reform in the sequence. New Yorkers can also sign a declaration in the Rieckhoff v. Berger case.
Your next step
Support open primaries first. Then explore More Choice Voting.
Opening the primary is the reform every other change builds on. Add your name, then read how More Choice Voting takes the next step.