US EditionIndependent Voters File Lawsuit to End Pa. Closed Primary Elections
The lawsuit challenges Pennsylvania’s closed primary law affecting 1.4 million independent voters, citing expert analysis showing their votes have nearly half the influence of partisan voters.
- On Dec. 10, five independent voters including Michael Smerconish filed in Commonwealth Court, challenging Section 2812 of the Election Code as unconstitutional under the Free and Equal Elections Clause.
- Legislative efforts in recent years fizzled, including a 2023 bill by Sen. Lisa Boscola, while David Thornburgh and Ballot PA Action say Pennsylvania has excluded independents for 88 years among nine to 11 closed-primary states.
- Carnegie Mellon University Department of Mathematics Professor Wesley Pegden analyzed elections 2002–2020, measuring voter influence and found partisan voters’ median influence nearly double that of independents.
- If plaintiffs prevail, the ruling could enfranchise about 1.4 million unaffiliated or minor‑party Pennsylvanians, with legal teams including Kline & Specter and Faegre Drinker Biddle & Reath.
- Rep. Jared Solomon currently has a House bill allowing unaffiliated voters to pick Democratic or Republican primaries, Sen. Lisa Boscola plans to reintroduce her 2023 bill, and Pennsylvania remains one of nine to 11 closed-primary states, the National Conference of State Legislatures notes.
13 Articles
13 Articles
readingeagle
Independent voters file lawsuit to end Pa. closed primary elections
By Peter Hall A group of five independent voters including political commentator Michael Smerconish have filed a lawsuit asking a Pennsylvania court to end a state law prohibiting independent voters from participating in primary elections. Under Section 2812 of the Election Code, people who are not registered as members of the two major political parties cannot vote in partisan primaries. The group, which also includes David Thornburgh, chairman…
Commonwealth Court Asked to Declare Closed Primary Voting Unconstitutional
A group of independent voters, which includes journalist Michael Smerconish and the chairman of Ballot PA Action, David Thornburgh, filed a petition for review Wednesday, asking the court to strike down the state’s closed-primary voting system.
Pennsylvania Capital-Star
Independent voters file Commonwealth Court lawsuit to end closed primaries in Pa.
(Photo by Daniella Heminghaus/New Jersey Monitor)A group of five independent voters including political commentator Michael Smerconish filed a lawsuit Wednesday asking a Pennsylvania court to end the commonwealth’s bar against independent voters participating in primary elections. Under Section 2812 of the Election Code, people who are not registered as members of the two major political parties cannot vote in partisan primaries. The group, whic…
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