Primary Reform

Proposed reforms in 2023

What is Primary Reform?

Primary elections are held to determine which candidates will appear in a general election. The laws governing primary elections vary widely, addressing things like who can vote in them and how candidates are selected to advance to the general. Primary elections typically have much lower turnout than general elections, but in areas dominated by one party they can often be the determinative election, rendering the general election a mere formality.

“Primary reform,” for the purposes of this report, refers to reforms that would change the primary election process by either

  1. changing who is eligible to vote in primary elections based on their party registration or membership status (i.e., whether the primary is open or closed, or something in between), or
  2. changing whether primaries serve to decide a political party’s nominee or simply to narrow down the field of candidates who will appear in the general election (i.e., whether the primary is partisan or nonpartisan).

Legislation that would affect primary elections in other ways are not included here, but may be addressed in other sections (for example, a bill that would adopt ranked choice voting for primary elections but make no changes to voter eligibility would be included in the Ranked Choice Voting section but not here). Partisan primary election types vary widely across the states. Nonpartisan primary election systems are common for local elections and certain positions (such as elected judgeships) across the country. Four states, California, Washington, Alaska, and Louisiana, use some form of nonpartisan primary election for all state and congressional elections, and Nebraska uses one to elect its state legislature.

Alaska’s adoption of a top four nonpartisan primary system in 2020 has fueled interest in nonpartisan primary systems like top four and final five.

Why are we tracking it?

As general elections become increasingly uncompetitive thanks to things like gerrymandering and partisan geographic sorting, many reformers see primary elections as the best opportunity to improve electoral competition and promote moderation. Proposals to increase the number of voters who are eligible to vote in primaries, or changing the role of primaries as nominating contests for party candidates, have become increasingly popular. Alaska’s adoption of a top four nonpartisan primary system in 2020 has fueled interest in nonpartisan primary systems like top four and final five. 9

Primary elections can be divided into two main categories:

A partisan primary is a primary election held to choose nominees of a political party to represent that party in a general election. This is the most common type of primary election at the state and federal level. All presidential primary elections are partisan primaries.

Types of partisan primaries include:

  • Closed primary – A partisan primary in which only voters registered or otherwise affiliated with a particular party can vote.
  • Semi-closed primary – A partisan primary in which only voters registered with a particular party and independent or unaffiliated voters can vote.
  • Open primary – A partisan primary in which all qualified voters can vote, whether or not they are registered with any particular party.
  • Partially open primary – A partisan primary in which only voters registered or otherwise affiliated with a particular party can vote, but voters can change their party affiliation on Election Day.

A nonpartisan primary, also known as a “nonpartisan blanket primary,” is a primary election in which all candidates run and all qualified voters can vote, regardless of party affiliation. Nonpartisan primaries are held to narrow down the field of candidates to determine who will appear in the general election. Candidates in nonpartisan primaries might be able to identify their preferred political party on the ballot, but candidates who advance from a nonpartisan primary to a general election are not the nominees of a political party. Nonpartisan primaries are common in local elections and are used in some places for state and congressional elections, such as in California, Alaska, and Washington. Some advocates refer to nonpartisan primaries as “open primaries,” but each can have distinct legal ramifications and policy outcomes, and this report follows the lead of most academic literature and court decisions and distinguishes between the two.

Types of nonpartisan primaries include:

  • Top two – A nonpartisan primary in which the two candidates with the most votes advance to a general election.
  • Top four – Also known as “Final Four.” A nonpartisan primary in which the four candidates with the most votes advance to a general election. General elections held after Top Four primaries are conducted using ranked choice voting.
  • Final five – Also known as “Top Five.” A variation of top four in which the five candidates with the most votes advance to a general election.

Fast stats:

Total proposals:

51

Total states:

25

States with the most proposals:

NC (7), AZ (4), NM (4), TN (4)

Proposals passed:

5

Proposals passing only one chamber:

1

Bipartisan proposals

4

Additional Analysis

While proposals that would either adopt nonpartisan primaries or open partisan primaries to unaffiliated voters and voters from other parties were introduced by both Democrats and Republicans, proposals that would close partisan primaries or repeal or ban the use of nonpartisan primaries were exclusively introduced by Republicans.

Bills to adopt closed primaries were introduced solely by Republicans, and solely in states where Republicans control the governorship and the legislature. The sponsors may see closed primaries as a means to protect Republican control over the state, or they may see closed primaries as a way to assist their faction of the party if the state is experiencing conflict between groups within the Republican Party. Bills to adopt open primaries were more bipartisan, with equal numbers introduced by Republicans, Democrats, or bipartisan groups of legislators. The states where open primary proposals were introduced were either Democratic trifectas or states with divided government.

  • ➤ Primary Reform by the numbers:

    • 29 proposals were introduced by Republicans, 18 were introduced by Democrats, and 4 had bipartisan sponsorship.
    • Of the 5 proposals that became law:
      • All 5 were introduced by Republicans.
      • 1 was in a Republican trifecta (WY) and 4 were in divided states with a Democratic governor and a Republican-controlled legislature (AZ).
        • The AZ proposal (HCR 2033) referred a constitutional amendment to ban nonpartisan primaries to the voters in the 2024 general election. (The governor cannot veto a ballot measure referral in AZ.)
        • The 3 NC proposals (HB 452, SB 265, HB 66) all affected local elections in specific towns or counties by changing them from partisan to nonpartisan primaries or vice versa.
        • The WY proposal switched the state from a partially open primary to a closed primary.
    • 26 of the proposals related to partisan primaries and 25 related to nonpartisan primaries.
    • Of the proposals relating to partisan primaries:
      • 16 would switch to closed primaries.
        • 1 became law (WY’s HB 103).
        • All 16 were sponsored by Republicans.
        • The proposals were introduced in 8 states (FL, IA, MO, MT, OH, TN, TX, WY), all of which are Republican trifectas.
      • 6 would adopt open primaries.
        • None became law.
        • 2 were introduced by Democrats, 2 by Republicans, and 2 had bipartisan sponsorship.
        • The proposals were introduced in 4 states (CT, NJ, NM, PA).
          • All 4 proposals sponsored by members of a single party, either Democrat or Republican, were introduced in states with Democratic trifectas (CT, NJ, NM).
          • 1 bipartisan proposal was introduced in a state with a Democratic trifecta (NM) and one was introduced in a state with a divided government where Democratis control the governorship and the lower house of the state legislature while Republicans control the upper house of the legislature (PA).
      • 4 would adopt semi-closed primaries.
        • None become law.
        • 3 were introduced by Democrats and 1 had bipartisan sponsorship.
        • The proposals were introduced in 4 states (AZ, CT, DE, RI).
        • 2 of the Democratic-sponsored bills and the 1 bipartisan-sponsored bill were introduced in states with Democratic trifectas (CT, DE, RI).
        • 1 Democatic-spoonsored bill was introduced in a divided state with a Democratic governor and a Republican-controlled legislature (AZ).
      • 1 would require all local elections to be partisan.
        • The bill was introduced by Republican legislators in a divided state with a Democratic governor and a Republican-controlled legislature (KY).
        • Partisan elections in Kentucky are currently closed. Switching local elections from nonpartisan to partisan would have the effect of adopting closed primaries for those offices.
    • Of the proposals relating to nonpartisan primaries:
      • 5 would repeal the use of nonpartisan primaries or ban their adoption.
        • All 5 proposals were sponsored by Republicans.
        • The proposals were introduced in four (4) states (AK, AZ, FL, NC).
          • Two (2) states are Republican trifectas (AK, FL).
          • Two (2) are divided states with Democratic governors and Republican-controlled legislatures (AZ, NC).
        • 1 proposal, which did not pass, would have repealed the use of nonpartisan primaries in state and federal elections and returned to a partisan primary system (AK’s HB 4). Alaskan voters adopted top four voting in a 2020 ballot initiative, and this bill would revert the state’s elections to the previous system.
        • 2 of the proposals, one of which was successfully referred to the ballot, would amend the state constitution to prohibit the use of nonpartisan primaries in elections for partisan offices (AZ’s HCR 2033). Arizona currently uses partisan primaries for state and federal offices, and if approved by the voters, this amendment would prevent the state from ever adopting nonpartisan primaries for those offices without another constitutional amendment.
        • 1 bill, which did become law, would switch local elections in some towns or counties from nonpartisan to partisan, and others from partisan to nonpartisan (NC).
      • 19 would adopt or allow some kind of nonpartisan primary system.
        • 2 bills passed into law.
          • Both successful bills adopted top two voting for some local government offices in certain towns in North Carolina.
        • 14 would adopt top two voting.
          • The proposals were introduced in nine (9) states (AZ, CT, HI, IL, ME, MN, MT, NC, RI).
          • 10 of the proposals were introduced by Democrats while 4 were introduced by Republicans.
            • 6 of those proposals sponsored by Democrats were introduced in states with Democratic trifectas (HI, IL, ME, RI), while 4 were introduced in divided states with a Democratic governor and Republican-controlled legislature (AZ, NC).
            • 2 of the Republican-sponsored proposals were introduced in states with Democratic trifectas (CT, MN), 1 was introduced in a Republican trifecta (MT), and 1 in a divided state with a Democratic governor and Republican-controlled legislature (NC).
      • 2 of the proposals would adopt a top four system.
        • None of the proposals passed into law.
        • The proposals were introduced in 2 states (ME, NC).
        • Both proposals were introduced by Democrats.
          • 1 was introduced in a state with a Demcratic trifecta (ME).
          • 1 was introduced in a divided state with a Democratic governor and Republican-controlled legislature (NC).
      • 2 proposals would adopt a final five system.
        • 1 did not pass. It was introduced by Democrats in a Democratic trifecta state (NM’s SJR 7).
        • 1 was still awaiting action as of the time of publication. It has bipartisan sponsorship and is in a divided state (WI’s SB 528).
      • 5 would apply only to local elections, 3 of which passed.

While members of both parties introduced proposals for nonpartisan primaries, the only successful legislation to adopt them affected local elections (all of which passed in North Carolina). The only successful nonpartisan primary proposal that would affect state or federal elections is the ballot referral in Arizona that, if approved by the voters, would ban nonpartisan primaries for those offices.

Closer examination reveals that many of the nonpartisan primary proposals would only apply in certain situations and appear to be in reaction to a state’s particular political conditions. Three of the proposals introduced in North Carolina, for example, would only apply to judicial elections. North Carolina had nonpartisan judicial elections for decades until 2015, when the legislature passed a bill making them partisan.10 Since then, control of the North Carolina Supreme Court has shifted a few times, most recently in 2022 when Republicans took the majority.11 This likely explains why these three bills were only sponsored by Democrats and went nowhere in the Republican-controlled legislature.

Similarly, Montana’s SB 566, which was introduced by a Republican, would have adopted a top two primary for US Senate, but with sunset provision that would cause it to expire in 2025, limiting its use to a single Senate race in 2024. That year, Senator John Tester, the only Democrat who holds statewide office, will be up for reelection, leading many to suspect that the bill was designed to improve a Republican challenger’s chances by preventing a Libertarian or independent candidate from splitting the vote and allowing Tester to win with a plurality, as he had in 2006 and 2012. The bill received negative attention from across the political spectrum and the state’s Republican controlled legislature didn’t pass it.12

  • ➤ Full list of Primary Reform bills we tracked

    Download the full list (PDF)

     

    State Bill Number Category sub-category Final Disposition Last Action # of sponsors partisanship
    FL HJR 405 Primary Reform Closed primaries did not pass Introduced 1 R
    IA HB 148 Primary Reform Closed primaries did not pass Introduced 9 R
    MO HB 31 Primary Reform Closed primaries did not pass Introduced 1 R
    MO SB 392 Primary Reform Closed primaries did not pass Introduced 1 R
    MO SB 240 Primary Reform Closed primaries did not pass Introduced 1 R
    MT SB 484 Primary Reform Closed primaries did not pass Introduced 1 R
    OH HB 208 Primary Reform Closed primaries did not pass Introduced 9 R
    OH HB 210 Primary Reform Closed primaries did not pass Introduced 8 R
    TN HB 121 Primary Reform Closed primaries did not pass Introduced 1 R
    TN HB 405 Primary Reform Closed primaries did not pass Introduced 6 R
    TN SB 452 Primary Reform Closed primaries did not pass Introduced 1 R
    TN HB 1045 Primary Reform Closed primaries did not pass Introduced 6 R
    TX HB 239 Primary Reform Closed primaries did not pass Introduced 1 R
    WY HB 103 Primary Reform Closed primaries passed Signed into law 17 R
    WY SB 163 Primary Reform Closed primaries did not pass Introduced 7 R
    WY HB 207 Primary Reform Closed primaries did not pass Introduced 3 R
    WI SB 528 Primary Reform Final five did not pass Introduced 21 R/D
    AK HB 4 Primary Reform Partisan primaries did not pass Introduced 4 R
    NC HB 851 Primary Reform Top four did not pass Introduced 12 D
    NM SJR 7 Primary Reform Final five did not pass Introduced 1 D
    AZ SCR 1036 Primary Reform Nonpartisan primaries did not pass Introduced 2 R
    AZ HCR 2033 Primary Reform Nonpartisan primaries passed Signed into law 14 R
    AZ HB 2799 Primary Reform Top two did not pass Introduced 1 D
    CT HB 5694 Primary Reform Top two did not pass Introduced 1 R
    GA HB 674 Primary Reform Nonpartisan primaries did not pass Introduced 2 R
    HI HB 411 Primary Reform Top two did not pass Introduced 1 D
    IL SB 2363 Primary Reform Top two did not pass Introduced 1 D
    ME LD 1959 Primary Reform Nonpartisan primaries did not pass Introduced 1 D
    ME LD 1991 Primary Reform Top two did not pass Introduced 1 D
    MN HB 3308 Primary Reform Top two did not pass Introduced 1 R
    MT SB 566 Primary Reform Top two did not pass Introduced 1 R
    NC HB 452 Primary Reform Top two passed Signed into law 2 R
    NC SB 265 Primary Reform Top two passed Signed into law 1 R
    NC SB 306 Primary Reform Top two did not pass Introduced 16 D
    NC HB 362 Primary Reform Top two did not pass Introduced 24 D
    NC HB 69 Primary Reform Top two did not pass Introduced 42 D
    NY A 479 Primary Reform Top two did not pass Introduced 2 D
    RI H 5186 Primary Reform Top two did not pass Introduced 6 D
    SC SB 204 Primary Reform Nonpartisan primaries did not pass Introduced 1 D
    NC HB 66 Primary Reform Nonpartisan primaries passed Signed into law 3 R
    NC HB 66 Primary Reform Partisan primaries passed Signed into law 3 R
    CT SB 386 Primary Reform Open primaries did not pass Introduced 1 R
    NJ SB 185 Primary Reform Open primaries did not pass Introduced 1 D
    NM HJR 12 Primary Reform Open primaries did not pass Introduced 3 2D/1R
    NM HB 54 Primary Reform Open primaries did not pass Introduced 2 D
    NM SB 175 Primary Reform Open primaries did not pass Introduced 1 R
    PA HB 976 Primary Reform Open primaries did not pass Introduced 10 6D/4R
    KY HB 50 Primary Reform Partisan primaries did not pass Introduced 2 R
    AZ HB 2153 Primary Reform Semi-closed primaries did not pass Introduced 10 D
    CT HB 6248 Primary Reform Semi-closed primaries did not pass Introduced 5 D
    DE HB 43 Primary Reform Semi-closed primaries did not pass Introduced 5 3D/2R
    RI HB 5612 Primary Reform Semi-closed primaries did not pass Passed one chamber 1 D

     

Footnotes

9 Russell Berman, The Atlantic, The Political-Reform Movement Scores Its Biggest Win Yet.

10 William Rafferty, Judicature, States Continue to Experiment with Partisan Judicial Elections.

11 Hannah Schoenbaum, AP, Republicans retake control of North Carolina Supreme Court.

12 Arren Kimbel-Sannit, Montana Free Press, Senate passes bill creating top-two primary in Tester’s 2024 U.S. Senate race.