| State |
Statute |
Primary Type |
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Alabama
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Any person possessing the qualifications of an elector set out in Article VIII of the Constitution of Alabama, as modified by federal law, and not laboring under any disqualification listed therein, shall be an elector, and shall be entitled to register and to vote at any election by the people. Ala. Code § 17–3–30 et seq.
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Open
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Alaska
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Candidates for the elective state executive and state and national legislative offices shall be nominated in a primary election by direct vote of the people in the manner prescribed by this chapter. The primary election does not serve to determine the nominee of a political party or political group but serves only to narrow the number of candidates whose names will appear on the ballot at the general election. Except as provided in AS 15.25.100(d), only the four candidates who receive the greatest number of votes for any office shall advance to the general election. Alaska Stat. § 15.25.010
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Top-Four
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Arizona
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B. Each party ballot shall be designated by the name of the party, and for a voter who is registered as a member of a political party that is entitled to continued representation on the ballot pursuant to section 16-804, the voter shall be given by the judge of election one ballot only of the party with which the voter is affiliated as it appears in the precinct register. For a voter who is registered as independent, or no party preference or as a member of a political party that is not entitled to continued representation on the ballot pursuant to section 16-804, the voter shall designate the ballot of only one of the political parties that is entitled to continued representation on the ballot and the judge of election shall give the elector only that political party’s ballot. Ariz. Rev. Stat. Ann. § 16–467
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Open to Unaffiliated
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Arkansas
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(a) The procedure for voting in primary elections is the same as for general elections.
(b) At the same time that the voter identifies himself or herself and the party primary or other election in which he or she intends to vote, the election official shall mark next to the voter's name on the precinct voter registration list the party primary or other election in which the voter chooses to vote. Ark. Stat. Ann. § 7–7–307
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Open
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California
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Except as provided in subdivision (b) of Section 8142, only the candidates for a voter-nominated office who receive the highest or second highest number of votes cast at the primary election shall appear on the ballot as candidates for that office at the ensuing general election. More than one candidate with the same party preference designation may participate in the general election pursuant to this subdivision. Notwithstanding the designation made by the candidate pursuant to Section 8002.5, no candidate for a voter-nominated office shall be deemed to be the official nominee for that office of any political party, and no party is entitled to have a candidate with its party preference designation participate in the general election unless that candidate is one of the candidates receiving the highest or second highest number of votes cast at the primary election. Cal. Election Code § 8141.5
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Top-Two
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Colorado
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(2.3) An eligible unaffiliated elector, including a preregistrant who is eligible under section 1-2-101 (2)(c), is entitled to vote in the primary election of a major political party without affiliating with that political party. To vote in a political party’s primary election without declaring an affiliation with the political party, any eligible unaffiliated elector shall declare to the election judges the name of the political party in whose primary election the elector wishes to vote. Thereupon, the election judges shall deliver the appropriate party ballot to the elector. In addition, any eligible unaffiliated elector may openly declare to the election judges the name of the political party with which the elector wishes to affiliate and complete the necessary forms. An eligible elector must separately date and sign or date and initial a declaration of affiliation with a political party form in such manner that the elector clearly acknowledges that the affiliation has been properly recorded. Thereupon, the election judges shall deliver the appropriate party ballot to the eligible elector. Colo. Rev. Stat. § 1–7–201
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Open to Unaffiliated
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Connecticut
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(a) No person shall be permitted to vote at a primary of a party unless (1) he is on the last-completed enrollment list of such party in the municipality or voting district, as the case may be, or (2) if authorized by the state rules of such party filed pursuant to section 9-374, he is an unaffiliated elector in the municipality or voting district, as the case may be, provided if two or more such parties are holding primaries on the same day in such municipality or voting district, whether for the same offices or different offices, such unaffiliated elector may vote in the primary of only one such party. Such state party rules may authorize unaffiliated electors to vote for some or all offices to be contested at its primaries. Conn. Gen. Stat. § 9–431
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Partially Closed
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Delaware
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An elector may vote in the primary election of a political party only if the elector is a duly registered voter and if it appears upon the elector’s original permanent registration record that the elector’s party affiliation is the same as the party which is holding the primary election. Del. Code Ann. tit. 15, § 3110
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Closed
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Florida
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In a primary election a qualified elector is entitled to vote the official primary election ballot of the political party designated in the elector’s registration, and no other. It is unlawful for any elector to vote in a primary for any candidate running for nomination from a party other than that in which such elector is registered. Fla. Stat. § 101.021
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Closed
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Georgia
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(d) Each elector who makes timely application for registration, is found eligible by the board of registrars and placed on the official list of electors, and is not subsequently found to be disqualified to vote shall be entitled to vote in any primary or election; provided, however, that an elector, voting in the primary or primaries held by a single party for the nomination of candidates to seek public offices to be filled in an election, shall not vote in a primary held by any other party for the nomination of candidates to seek public offices to be filled in the same such election. Ga. Code § 21–2–224
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Open
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Hawaii
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No person eligible to vote in any primary or special primary election shall be required to state a party preference or nonpartisanship as a condition of voting. Each voter shall be issued the primary or special primary ballot for each party and the nonpartisan primary or special primary ballot. A voter shall be entitled to vote only for candidates of one party or only for nonpartisan candidates. If the primary or special primary ballot is marked contrary to this paragraph, the ballot shall not be counted. Hawaii Rev. Stat. § 12–31
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Open
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Idaho
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Except as provided in subsection (2) of this section, an elector who has designated a party affiliation shall be allowed to vote only in the primary election of the political party for which such an elector is so registered.
(2) A political party qualified to participate in elections pursuant to section 34-501, Idaho Code, may, no later than the last Tuesday in the November prior to a primary election, notify the secretary of state in writing that the political party elects to allow, in addition to those electors who have registered with that political party, any of the following to vote in such party’s primary election:
(a) Electors designated as unaffiliated;
(b) Electors registered with a different political party qualified to participate in elections pursuant to section 34-501, Idaho Code. In the event a state chairman of a political party elects to allow electors to vote in that party’s primary election pursuant to this paragraph, the state chairman shall identify which political parties’ registrants are allowed to vote in such primary election. Idaho Code § 34–904A
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Partially Closed
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Illinois
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Any person desiring to vote at a primary shall state his name, residence and party affiliation to the primary judges, one of whom shall thereupon announce the same in a distinct tone of voice, sufficiently loud to be heard by all persons in the polling place. When article 4, 5 or 6 [10 ILCS 5/4-1 et seq., 10 ILCS 5/5-1 et seq. or 10 ILCS 5/6-1 et seq.] is applicable the Certificate of Registered Voter therein prescribed shall be made and signed and the official poll record shall be made. If the person desiring to vote is not challenged, one of the primary judges shall give to him one, and only one, primary ballot of the political party with which he declares himself affiliated, on the back of which such primary judge shall endorse his initials in such manner that they may be seen when the primary ballot is properly folded. If the person desiring to vote is challenged he shall not receive a primary ballot from the primary judges until he shall have established his right to vote as hereinafter provided. No person who refuses to state his party affiliation shall be allowed to vote at a primary.
A person who declares his party affiliation with a statewide established political party and requests a primary ballot of such party may nonetheless also declare his affiliation with a political party established only within a political subdivision, and may also vote in the primary of such local party on the same election day, provided that such voter may not vote in both such party primaries with respect to offices of the same political subdivision. However, no person declaring his affiliation with a statewide established political party may vote in the primary of any other statewide political party on the same election day. Ill. Rev. Stat. ch. 10, § 5/7–44
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Partially Open
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Indiana
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I A voter may vote at a primary election:
(1) If the voter, at the last general election, voted for a majority of the regular nominees of the political party holding the primary election; or
(2) If the voter did not vote at the last general election, but intends to vote at the next general election for a majority of the regular nominees of the political party holding the primary election;
as long as the voter was registered as a voter at the last general election or has registered since then. Ind. Code § 3–10–1–6
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Partially Open |
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Iowa
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1. Any registered voter may change or declare a party affiliation at the polls on election day and shall be entitled to vote at any primary election. Each voter doing so shall indicate the voter’s change or declaration of party affiliation on the voter’s declaration of eligibility affidavit.
2. Each change or declaration of a registered voter’s party affiliation so received shall be reported by the precinct election officials to the county commissioner of registration who shall enter a notation of the change on the registration records. Iowa Code § 43.42
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Partially Open
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Kansas
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(a) Each registered voter of this state who has declared a party affiliation as provided in this section or in K.S.A. 25-3304, and amendments thereto, shall be entitled to vote at every partisan primary election. Each political party entitled to nominate candidates by primary election shall notify the secretary of state in writing on or before January 15 of any year in which a partisan general election is to be held whether voters who are unaffiliated with such political party may vote in such party’s primary election. Kan. Stat. Ann. § 25–3301
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Partially Closed
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Kentucky
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(1) Before a person shall be qualified to vote in a primary, he or she:
(a) Shall possess all the qualifications required of voters in a regular election;
(b) Shall have been a registered member of the party in whose primary he or she seeks to vote on Dec. 31 immediately preceding the primary; and
(c) Shall have remained continuously registered as a member of that party in whose primary he or she seeks to vote between Dec. 31 immediately preceding the primary and the date set for the primary. Ky. Rev. Stat. § 116.055
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Closed
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Louisiana
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B. Nature of primary elections.
(1) Except for the election of persons to a party primary office in a party primary election, all qualified voters of this state may vote on candidates for public office in primary elections without regard to the voter’s party affiliation or lack of it, and all candidates for public office who qualify for a primary may be voted on without regard to the candidate’s party affiliation or lack of it.
(2) Nature of party primary elections. The nature of party primary elections shall be as provided in Part I-A of this Chapter.
C. Nature of general elections. All qualified voters of this state may vote on candidates for public office in general elections without regard to the voter’s party affiliation or lack of it, and all candidates for public office who qualify for a general election may be voted on without regard to the candidate’s party affiliation or lack of it. La. Rev. Stat. Ann. § 18:401
A. Majority vote. A candidate who receives a majority of the votes cast for an office in a primary election is elected. If there are two or more offices of the same character to be filled, the number of votes necessary to constitute a majority shall be greater than the result obtained by dividing the total votes cast for all of the candidates by the number of offices to be filled and dividing the result so obtained by two. If more candidates receive a majority than there are offices to be filled, those of such candidates receiving the highest total of votes shall be elected, to the number required to fill all of the offices. Any votes received by a withdrawn candidate or a deceased candidate shall be void and shall not be counted for any purpose whatsoever. La. Rev. Stat. Ann. § 18:511
Races for U.S. House, U.S. Senate, Louisiana Supreme Court, Public Service Commission, and the Board of Elementary and Secondary Education are ran under an open to unaffiliated system. Secretary of states’ website.
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All-Comers/Open to Unaffiliated
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Maine
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A registered voter not enrolled in a political party may participate, subject to the restrictions of section 145, subsection 3, in a party’s primary election without enrolling in that political party. An unenrolled voter may vote in only one party’s primary election. The Secretary of State shall establish procedures to ensure that each voter voting in a party’s primary election is offered a ballot for that primary election. Me. Rev. Stat. Ann. tit. 21–A, § 341
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Open to Unaffiliated
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Maryland
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(c) If a political party chooses to permit voters not affiliated with the party to vote in the party’s primary election, the chairman of the party’s State central committee shall so notify the State Board at least six months before the date of the primary election. Md. Election Code Ann. § 8–202
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Partially Closed*
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Massachusetts
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Except as otherwise provided in section twelve of chapter four, sections one and two of chapter fifty-two, and sections forty A and forty-eight of this chapter, such enrollment, change or cancellation shall take effect upon the receipt by said board of such certificate or appearance, as the case may be; provided, however, that no such enrollment, change or cancellation shall take effect for a primary during the twenty days prior to such primary; provided further, that a voter registered in a political designation that is not a political party as defined in section 1 of chapter 50 shall be considered unenrolled for the purpose of the primary and shall be eligible to receive a ballot of a political party of the voter’s choosing. Mass. Gen. Laws Ann. ch. 53, § 38
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Open to Unaffiliated
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Michigan
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Whenever any primary election shall be held in this state or in any city, county or district in this state, the nomination of candidates shall be made by direct vote of the qualified and registered electors of each political party participating therein as hereinafter prescribed. Mich. Comp. Laws § 168.531
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Open
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Minnesota
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Subd. 5. Party columns; arrangement. — The names of candidates for nomination of the major political party that received the smallest average vote at the last state general election must be placed in the first column on the left side of the ballot. The names of candidates for nomination of the major political party that received the next smallest average vote at the last state general election must be placed in the second column, and so on. The average vote shall be computed in the manner provided in section 204D.13, subdivision 2. Minn. Stat. § 204D.08
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Open
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Mississippi
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No person shall vote or attempt to vote in the primary election of one (1) party when he or she has voted on the same date in the primary election of another party. No person shall vote or attempt to vote in the second primary election of one (1) party when he or she has voted in the first primary election of another party. Miss. Code Ann. § 23–15–575
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Open
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Missouri
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In each primary election, each voter shall be entitled to receive the ballot of one and only one political party, designated by the voter before receiving his ballot. Each voter who participates in a party primary shall be entitled to vote on all questions and for any nonpartisan candidates submitted by political subdivisions and special districts at the primary election. Each voter who does not wish to participate in a party primary may vote on all questions and for any nonpartisan candidates submitted by a political subdivision or special district at the primary election. Mo. Rev. Stat. § 115.397
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Open
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Montana
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(2) At a primary election, the elector shall cast votes on only one of the party ballots, preparing the ballot as provided in 13-13-117. After casting votes on any other ballots received other than the party ballots, the elector shall ensure the proper disposition of the ballots in accordance with instructions provided pursuant to 13-13-112. Mont. Code Ann. § 13–10–301
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Open
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Nebraska
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(1) Any registered voter desiring to vote in a primary election held under the Election Act shall be entitled to participate in such primary election upon presenting himself or herself at the polling place for his or her residence. A registered voter who is affiliated with a political party shall receive from the receiving board all nonpartisan ballots and the partisan ballot of the political party indicated on his or her voter registration. Except as provided in subsections (2) and (3) of this section, a registered voter who is not affiliated with any political party shall receive only nonpartisan ballots at a primary election. Neb. Rev. Stat. § 32–912
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Nonpartisan/Open***
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Nevada
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1. A registered voter applying to vote at any primary election or presidential preference primary election shall give his or her name and political affiliation, if any, to the election board officer in charge of the roster, and the officer shall immediately announce the name and political affiliation.
2. Any person’s right to vote may be challenged by any registered voter upon:
(a) Any of the grounds allowed for a challenge in NRS 293.303;
(b) The ground that the person applying does not belong to the political party designated upon the roster; or
(c) The ground that the roster does not show that the person designated the political party to which he or she claims to belong.
3. Any such challenge must be disposed of in the manner provided by NRS 293.303.
4. A registered voter who has designated on his or her application to register to vote an affiliation with a minor political party may vote a nonpartisan ballot at the primary election. Nev. Rev. Stat. § 293.287
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Partially Open
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New Hampshire
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II. Change of registration of a voter who has been registered as an undeclared voter.
(a) Any legal voter who has been registered as an undeclared voter may register as a member of the party of the voter's choice by appearing before the supervisors of the checklist for the voter's town or ward any time they meet, except as prohibited by paragraph IV, and stating to them, under oath or affirmation, if required, that the voter intends to affiliate with and generally supports the candidates of the party with which the voter offers to register, in which case the voter shall be registered as a member of such party.
(b) A voter may also register as a member of a party at any primary by requesting to be registered as a member and voting the ballot of the party of the voter’s choice. A voter may also register once again as an undeclared voter after voting in a primary as a registered member of a party by returning the card or signing the list of undeclared voters from the statewide centralized voter registration database provided for in paragraph V. If cards are used, the voter shall return the card to the person at the polls designated by the town or city clerk to accept the card. All such cards and lists shall be in the possession of the supervisors of the checklist at the close of the polls on election day. N.H. Rev. Stat. Ann. § 654:34
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Open to Unaffiliated
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New Jersey
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No voter, except a newly registered voter at the first primary at which the voter is eligible to vote, or a voter who has not previously voted in a primary election, may vote in a primary election of a political party unless the voter was deemed to be a member of that party on the 55th day next preceding such primary election. N.J. Rev. Stat. § 19:23–45
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Closed
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New Mexico
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D. A voter who has declined to designate on the voter’s certificate of registration a party affiliation but who chooses to affiliate with a major political party that is participating in a primary election may do so by requesting the ballot of one of the parties participating in that primary election. The voter’s certificate of registration shall not be changed to reflect a new or different party affiliation unless the voter so requests in accordance with the provisions of Subsection B of this section. N.M. Stat. Ann. § 1-4-15
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Open to Unaffiliated
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New York
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1. At a primary election or caucus of a party, willfully votes, or attempts to vote, without being entitled to do so, or votes, or attempts to vote under any other name than his own or on the same day more than once under his own name… is guilty of a misdemeanor. N.Y. Election Law § 17–102
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Closed
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North Carolina
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Unaffiliated voters shall be allowed to vote in one primary of the voter’s choosing, subject to the provisions of G.S. 163-59, 163-111, and 163-166.7. Each unaffiliated voter may vote in the primary of that party by announcing that intention under G.S. 163-166.7(a). N.C. Gen. Stat. § 163–119
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Open to Unaffiliated
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North Dakota
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At the primary election there may be only one ballot containing the separate sections for all parties or principles. The judges and the inspector of elections shall inform each elector at the primary, before voting, if the voter votes for candidates of more than one political party the voter’s political party ballot will be rejected. N.D. Cent. Code § 16.1–11–22
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Open
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Ohio
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(1) That the person whose right to vote is challenged is not a legally qualified elector;
(2) That the person has received or has been promised some valuable reward or consideration for the person’s vote;
(3) That the person is not affiliated with or is not a member of the political party whose ballot the person desires to vote. Such party affiliation shall be determined by examining the elector’s voting record for the current year and the immediately preceding two calendar years as shown on the voter’s registration card, using the standards of affiliation specified in the seventh paragraph of section 3513.05 of the Revised Code. Division (A)(3) of this section and the seventh paragraph of section 3513.05 of the Revised Code do not prohibit a person who holds an elective office for which candidates are nominated at a party primary election from doing any of the following:
(a) If the person voted as a member of a different political party at any primary election within the current year and the immediately preceding two calendar years, being a candidate for nomination at a party primary held during the times specified in division (C)(2) of section 3513.191 of the Revised Code provided that the person complies with the requirements of that section;
(b) Circulating the person’s own petition of candidacy for party nomination in the primary election.
(B) When the right of a person to vote is challenged upon the ground set forth in division (A)(3) of this section, membership in or political affiliation with a political party shall be determined by the person’s statement, made under penalty of election falsification, that the person desires to be affiliated with and supports the principles of the political party whose primary ballot the person desires to vote. Ohio Rev. Code Ann. § 3513.19
For purposes of signing or circulating a petition of candidacy for party nomination or election, an elector is considered to be a member of a political party if the elector voted in that party’s primary election within the preceding two calendar years, or if the elector did not vote in any other party’s primary election within the preceding two calendar years. Ohio Rev. Code Ann. § 3513.05
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Partially Open
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Oklahoma
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1. A recognized political party may permit registered voters designated as Independents pursuant to the provisions of Section 26-4-112 of this title to vote in a Primary Election or Runoff Primary Election of the party. Okla. Stat. tit. 26, § 1–104
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Partially Closed*
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Oregon
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(3)(a) Not later than the 90th day before the date of the primary election, a major political party may file with the Secretary of State a certified copy of the current party rule allowing an elector not affiliated with any political party to vote in the party’s primary election. The party may not repeal the rule as filed during the 90 days before the primary election. The rule shall continue to be effective after the date of the primary election until the party gives written notice to the Secretary of State that the rule has been repealed. Except as provided in paragraph (b) of this subsection, a party rule under this subsection may limit the candidates for whom an elector who is not affiliated with any political party may vote. Or. Rev. Stat. § 254.365
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Partially Closed*
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Pennsylvania
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An elector duly registered and enrolled as a member of a political party, if otherwise qualified, may vote the ballot of said party at a primary, subject to the provisions of this act. No elector enrolled and registered as a member of any one particular party shall be allowed to receive or vote the ballot of any other political party at a primary election, and no elector who is not enrolled and registered as a member of some political party shall be permitted to vote at any primary election. Pa. Stat. tit. 25, § 299
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Closed
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Rhode Island
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No person shall be debarred from voting in a party primary solely because of that person’s signing of nomination papers of a candidate to be voted for at any primary. A person having designated their party affiliation as set forth in chapter 9.1 of this title shall be deemed to have taken part in the primary as a member of that political party, and shall be debarred from voting in the primary as a member of the opposite political party until that person has changed his or her party affiliation as provided in chapter 9.1 of this title. Any person who is not affiliated with any political party shall not be debarred from voting in a party primary due to their participation in a previous party primary while not affiliated with a party. R.I. Gen. Laws § 17–15–24
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Open to Unaffiliated
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South Carolina
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The qualifications for membership in a certified party and for voting at a party primary election include the following: the applicant for membership, or voter, must be at least 18 years of age or become so before the succeeding general election, and must be a registered elector and a citizen of the United States and of this State. A person may not vote in a primary unless he is a registered elector. The state convention of any political party, organization, or association in this State may add by party rules to the qualifications for membership in the party, organization, or association and for voting at the primary elections if the qualifications do not conflict with the provisions of this section or with the Constitution and laws of this State or of the United States.
State does not have party registration.
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Open
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South Dakota
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No person may vote a party ballot at any primary election unless the person is registered as a member of that political party in the precinct in which the person seeks to vote. Any political party in its constitution or bylaws may allow for participation in the party’s primary elections by any person who is registered to vote with no party affiliation. Any such change to the constitution or bylaws of a political party shall be filed pursuant to § 12-5-1.1 by January first of the year in the which the primary is conducted. S.D. Codified Laws Ann. § 12–6–26
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Partially Closed
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Tennessee
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(b) A registered voter is entitled to vote in a primary election for offices for which the voter is qualified to vote at the polling place where the voter is registered if:
(1) The voter is a bona fide member of and affiliated with the political party in whose primary the voter seeks to vote; or
(2) At the time the voter seeks to vote, the voter declares allegiance to the political party in whose primary the voter seeks to vote and states that the voter intends to affiliate with that party. Tenn. Code Ann. § 2–7–115
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Closed |
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Texas
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State does not have party registration.
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Open |
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Utah
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(2)(a) Each registered political party, in a statement filed with the lieutenant governor, shall:
(i) either declare the registered political party’s intent to participate in the next regular primary election or declare that the registered political party chooses not to have the names of the registered political party’s candidates for elective office featured on the ballot at the next regular general election; and
(ii) if the registered political party participates in the upcoming regular primary election, identify one or more registered political parties whose members may vote for the registered political party’s candidates and whether individuals identified as unaffiliated with a political party may vote for the registered political party’s candidates. Utah Code Ann. § 20A–9–403
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Partially Closed
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Vermont
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(a) A voter shall vote for the candidates of one party only. A person voting at the primary shall not be required to indicate his or her party choice to any election official. Vt. Stat. Ann. tit. 17, § 2363
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Open
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Virginia
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All persons qualified to vote, pursuant to §§ 24.2-400 through 24.2-403, may vote at the primary. No person shall vote for the candidates of more than one party. Va. Code § 24.2–530
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Open
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Washington
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(1) A primary is a first stage in the public process by which voters elect candidates to public office.
(2) Whenever candidates for a partisan office are to be elected, the general election must be preceded by a primary conducted under this chapter. Based upon votes cast at the primary, the top two candidates will be certified as qualified to appear on the general election ballot, unless only one candidate qualifies as provided in *RCW 29A.36.170.
(3) No primary may be held for any single county partisan office to fill an unexpired term if, after the last day allowed for candidates to withdraw, only one candidate has filed for the position.
(4) For partisan office, if a candidate has expressed a party preference on the declaration of candidacy, then that preference will be shown after the name of the candidate on the primary and general election ballots as set forth in rules of the secretary of state. A candidate may choose to express no party preference. Any party preferences are shown for the information of voters only and may in no way limit the options available to voters. Wash. Rev. Code § 29A.52.112
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Top-Two
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West Virginia
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Unless a voter, not affiliated with a party, is permitted to participate in the primary election of a political party, the following provisions apply to voters, not affiliated with a party, in primary elections that include non-partisan candidates or public questions…W. Va. Code § 3–4A–20
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Partially Closed
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Wisconsin
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(1) Whenever a separate ballot is required to be used, a municipality may use a single ballot to facilitate the use of voting machines or an electronic voting system or, if the municipality employs paper ballots, may use a consolidated paper ballot that is authorized under sub. (2). If a municipality uses a single ballot in lieu of separate ballots, the ballot shall include a separate column or row for any office, referendum or party for which a separate ballot is required by law and the ballot shall be distributed only to electors who are eligible to vote for all of the offices and referenda appearing on the ballot. Wis. Stat. § 5.655
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Open
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Wyoming
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(a)For a primary election, an elector may declare or change party affiliation by completing an application signed before a notarial officer or election official and filing it with the county clerk before the first day on which an application for nomination may be filed under W.S. 22-5-209. Wyo. Stat. § 22–5–214
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Closed
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