Openprimaries Education Fund

Maryland Litigation Case Page

Case Overview

Case: Independent Voters v. Maryland
Court: Maryland Circuit Court
Filed: May 2025
Status: Active

In May 2025, a group of unaffiliated voters, represented by Open Primaries and allied attorneys, filed a state constitutional challenge to Maryland’s closed primary system. The lawsuit argues that taxpayer-funded elections must be open to all voters, regardless of party affiliation, and that Maryland’s current system violates the rights of the state’s 21.6% of registered voters who choose not to affiliate with a political party.

Closed primaries in Maryland effectively bar more than 767,000 independent voters from participating in the first and often most decisive round of elections. This case seeks to ensure that all voters — not just party members — can have a meaningful voice.

Why It Matters
  • Voter Exclusion: Over 1 in 5 Maryland voters are independents who currently cannot cast a ballot in primaries, despite funding them with their tax dollars.
  • Taxpayer Rights: Primaries are conducted in public buildings, with public machines and election workers — but millions are barred from participating.
  • Democratic Fairness: Opening primaries ensures that elected officials must be accountable to all their constituents, not just partisan insiders.
Timeline
  • May 2025: Complaint filed in Maryland Circuit Court. Read the complaint (PDF)
  • Summer 2025: Initial motions and state response.
  • Fall 2025: Hearings scheduled.
  • Next Steps: Pending court review and potential appeal.
In the News

Maryland’s litigation has received wide media coverage:

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