Case file · Rieckhoff v. Berger
Open primaries lawsuit in NY: Rieckhoff v. Berger
Last updated: November 13, 2026
The open primaries lawsuit in NY is Rieckhoff v. Berger, a federal case filed October 1, 2026 that challenges New York's closed primaries as unconstitutional.
The case is brought on behalf of 3,187,610 registered New Yorkers, about 1 in 4, who are not enrolled in a party and so cannot vote in any party primary. The plaintiffs argue that when the State runs and pays for the election, citizenship is the only qualification.
What is the New York open primaries lawsuit about?
It asks a federal court to rule that New York cannot make party membership the price of a primary ballot. Two combat veterans, Paul Rieckhoff and Kristen Rouse, filed the case in the U.S. District Court for the Southern District of New York. The Independent Voter Project and Independent Veterans of America are co-plaintiffs, and the Independent Voter Project is lead counsel.
No political party is a defendant. The case is aimed at the State's rules, not at any party's right to organize.
Case facts
| Item | Detail |
|---|---|
| Case | Rieckhoff v. Berger |
| Court | U.S. District Court for the Southern District of New York |
| Filed | October 1, 2026 |
| Lead plaintiffs | Paul Rieckhoff and Kristen Rouse, both combat veterans |
| Co-plaintiffs | Independent Voter Project; Independent Veterans of America |
| Lead counsel | Independent Voter Project |
| Defendant | The State of New York (no political party is a defendant) |
| Voters affected | 3,187,610 registered voters, 25.4% of the electorate |
| Enrollment deadline cited | February 14, for the June 23, 2026 primary |
The core claim
The four legal arguments in the New York case
- The right to vote. The primary decides most races in New York, so keeping qualified voters out of it keeps them from voting where it counts.
- The right not to join. The Constitution protects a party's right to keep non-members out. The plaintiffs argue it equally protects a voter's right not to join, so the State cannot make joining the price of a ballot.
- No forced public affiliation. To vote in a primary, New York requires voters to declare a party by February 14 on a public record the State publishes and sells.
- Equal protection. Enrolled and unenrolled voters are equally qualified citizens, yet only one group gets a primary ballot.
New York's position, as the case page summarizes it, is that the primary is a party affair and voters who want a ballot can join a party.
The New York numbers behind the case
- 3,187,610
- Registered New Yorkers with no party enrollment, barred from every primary.
- 25.4%
- Share of the New York electorate those voters represent, about 1 in 4.
- Up to 40%
- Registered Democrats in New York City who joined the party only so they could vote.
- Feb 14
- Party declaration deadline for the June 23, 2026 primary, over four months early.
The unenrolled count is larger than New York's entire Republican enrollment. In most of New York the primary is the election, because general elections for Congress, State Senate, and Assembly are often uncontested or lopsided.
How the NY case compares with earlier closed primary challenges
Rieckhoff v. Berger builds on more than a decade of litigation. The table below compares it with the closed primary challenges the Independent Voter Project has brought before.
| Case | State | Year | Issue | Outcome |
|---|---|---|---|---|
| Rieckhoff v. Berger | New York | 2026 | Closed primaries bar 3,187,610 unenrolled voters | Filed October 1, 2026 |
| Boydston v. Padilla | California | 2019 | Independents excluded from presidential primaries | Writ filed with the U.S. Supreme Court |
| Balsam v. Guadagno | New Jersey | 2014 | Closed primaries exclude 2.6 million independents, 47% of voters | 3rd Circuit ruled against; Supreme Court declined review |
| Polelle v. Florida | Florida | Not stated | Closed primary access | Advanced to a Supreme Court petition |
On defense, the Independent Voter Project has defeated two separate federal challenges to California's top-two primary, which it authored as Proposition 14 in 2010.
How New York voters can get involved
- Read the case page and watch Paul Rieckhoff explain why he cannot vote in New York's primaries.
- If you believe closed primaries have violated your voting rights, sign a declaration on the Right to Vote NY page. The case page says it takes about five minutes.
- Support open primaries nationally through the take action page.
Questions about the NY lawsuit
See all 47 questions in the FAQWhat 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.
Who filed Rieckhoff v. Berger?
Two combat veterans, Paul Rieckhoff and Kristen Rouse, are the lead plaintiffs. The Independent Voter Project and Independent Veterans of America are co-plaintiffs, and the Independent Voter Project serves as lead counsel. The case challenges the State of New York's primary rules, and no political party is named as a defendant.
How many New York voters are shut out of primaries?
About 3,187,610 registered New Yorkers, roughly 25.4% of the electorate or 1 in 4 voters, are not enrolled in a party and cannot vote in any party primary. The figure is based on New York State Board of Elections enrollment as of February 20, 2026.
What legal arguments does the New York lawsuit make?
The case rests on four arguments: the right to vote, because the primary decides most races; the right not to join a party; freedom from forced public affiliation, since enrollment sits on a public record the State publishes and sells; and equal protection, because enrolled and unenrolled voters are equally qualified citizens.
Is a political party being sued in the New York case?
No. Rieckhoff v. Berger is brought against the State of New York, and no political party is a defendant. The argument is that when the State pays for and runs the primary, it cannot condition a ballot on party membership. The plaintiffs frame citizenship, not party enrollment, as the qualification to vote.
When do New Yorkers have to join a party to vote in a primary?
For the June 23, 2026 primary, New York required voters to declare a party affiliation by February 14. That is more than four months before primary day. The lawsuit cites this early, public enrollment requirement as one of its constitutional problems.
Have closed primaries been challenged in court before?
Yes. In Balsam v. Guadagno (2014), independent voters challenged New Jersey's closed primaries; the 3rd Circuit ruled against them and the Supreme Court declined to hear the case. Boydston v. Padilla (2019) challenged California's presidential primary rules, and Polelle v. Florida reached a Supreme Court petition. Each built arguments later cases rely on.
Your next step
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