Lawsuit Claims Maryland's Closed Primaries Violate the Constitution

A Maryland resident filed a lawsuit challenging the state and its Board of Elections, claiming that the state’s statute requiring a closed primary is unconstitutional.

The legal basis for the lawsuit hinges on the state constitution, which ensures the right to vote in "any election conducted within this State."

"We hold dear the essential American principle that each citizen ought to have the right to participate in a publicly held election," stated Jeremy Gruber, the senior vice president at Open Primaries. told The Washington Post states, "As taxpayers, we collectively bear the cost, yet millions of independent voters are excluded from participating in public elections. This represents a significant voting crisis in our nation."

Maryland is among the 14 states that have a closed primary system. The idea behind this type of primary election is to stop members of the opposite party from affecting the outcomes of the rival party’s primaries.

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There are 960,000 independent voters in the state, and between 2012 and 2025, the number of independent voters increased from 16% to 22%.

The legal case precedes the 2026 gubernatorial election in the state, where Governor Wes Moore (D-MD) aims to secure another term.