Open Primaries, IVP and the Forward Party File Brief with the US Supreme Court Challenging Closed Primaries
Big news from the Sooner state – the campaign for open primaries made headlines across the state after two major wins in court for the Yes on 836 campaign.
The first was a unanimous decision of the Oklahoma Supreme Court that rejected a constitutional challenge to State Question 836 and declared it can be circulated for signatures.
The second was an order that halts implementation of a new law passed by the state legislature that adds draconian restrictions on the state’s ballot initiative process as it pertains to State Question 836.
Question 836 would create an open primary system where all voters, regardless of their party would be able to vote in a single primary election in which all candidates would appear on one ballot. The top two vote getters would move onto the general election. This gives Oklahoma’s over 488,000 registered independents full and equal voting rights. If passed, Question 836 would let all voters vote!
Support is continuing to flock to the campaign, which has already amassed an impressive list of Republican, as well as Democratic and independent supporters.
Check out this great endorsement just in from Erika Wright of the Oklahoma Rural Schools Coalition. In it she links the state’s closed primary system with its status as last in the nation on educational outcomes for children.
Question 836 will need over 173,000 signatures to be on the 2026 ballot for Oklahoma voters. If you live in OK and want to get connected to the campaign, you can sign up to volunteer here, or you can reach out to cstewart@openprimaries.org.
BREAKING NEWS – The Supreme Court Considers Challenge to Closed Primaries
Every year, close to ten thousand cases are filed with the Supreme Court to be heard. The Court chooses between 100 and 150 to hear each term. Most are denied outright without discussion. Only those petitions that at least one Justice wishes to discuss are placed on the discuss list and voted on. The votes of four Justices are required to grant a writ of certiorari, which places the case on the Court’s calendar.
In a dramatic step forward for litigation challenging closed primaries, the U.S. Supreme Court has indicated they are going to conference to discuss whether to grant a writ of certiorari (which means to take the case) to Polelle v. Florida Secretary of State; a case challenging Florida’s closed primaries that Open Primaries has supported since its inception.
Open Primaries and the Independent Voter Project (IVP) were joined by the Forward Party and Florida Forward Party in submitting an amicus brief to the U.S. Supreme Court asking the Court to tackle the fundamental questions at the heart of the open primaries debate:
The Supreme Court’s consideration of whether to place this case on their calendar is significant in two ways: There is support on the U.S. Supreme Court to consider the legality of closed primaries. Secondly, the Justices of the U.S. Supreme Court will be discussing the voting rights of independent voters among themselves. That is a first! In order for the case to move forward, four of the Justices have to vote to advance the case. Stay Tuned!
To learn more about the state of legal challenges to closed primaries, please join the next Primary Buzz on October 17th at 2:30 pm ET.
From Women’s Suffrage through the Civil Rights era to the modern day, the history of voting rights in the United States is intertwined with litigation, which (whether successful, unsuccessful or even pursued short of a final verdict) has served as a crucial catalyst in the evolution of our democracy.
Attorneys in multiple states are challenging closed primaries and the disenfranchisement of independent voters including a pending federal case before the US Supreme Court and state constitutional challenges in Maryland, Pennsylvania, Oregon and Wyoming.
On Friday October 17th at 2:30pm ET, Open Primaries President John Opdycke brings together some of the attorneys leading the charge and building a litigation platform and strategy for the reform movement. They’ll discuss the role of litigation in change politics and how getting into court could transform the primary reform movement.
Featuring:
- Boyd Rutherford, Former Maryland Lt Governor and partner at Davis, Agnor, Rapaport, & Skalny.
- Chad Peace, Founder of the Independent Voter Project.
- Matt Fontana, Partner at Faegre Drinker Biddle & Reat h in Pennsylvania.
- Jeremy Gruber, SVP at Open Primaries.
You won’t want to miss it!
