Primary election
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Primary elections allow voters to determine which candidates compete in the general election and can be nonpartisan or partisan. Nonpartisan and all-party primaries are used to narrow a wider field of candidates for a nonpartisan office. In partisan primaries, voters choose the candidates they prefer for a political party to nominate in the general election.
The laws governing primary elections vary from state to state and can even vary within states by locality and political party. This variation has created a number of different types of partisan primary elections. For example, only registered party members are allowed to vote in closed primaries, while registered party members and unaffiliated voters are allowed to vote in semi-closed primaries, and all voters are allowed to vote in open primaries.
Primary elections also vary by the way their outcomes are determined. Majority systems require the winning candidate to receive at least fifty percent of the votes cast, while plurality systems do not. In top-two primaries, top-four primaries, and blanket primaries, all candidates are listed on the same ballot, regardless of partisan affiliation.
Top-two primary systems, such as those utilized in California, Nebraska, and Washington, and variations of those systems, such as the top-four system used in Alaska and the majority-vote system used in Louisiana, are sometimes classified as open primary systems because voter participation in such primaries is not tied to partisan affiliation. For the purposes of this article, these primaries are considered to be a separate entity. For more information about top-two primaries and their variations, see this article.
See the sections below for general information on the use of primary elections in the United States:
- Background: This section outlines the different types of primary election participation models used in the United States, including open primaries, closed primaries, semi-closed primaries, and top-two primaries. This section also details the various methods employed to determine the outcomes of primary elections.
- Primary systems by state: This section summarizes the various primary election systems employed in the United States for congressional and state-level elections.
- Recent legislation: This section lists state legislation relevant to primary election policy in the United States.
Background
In general, there are two broad criteria by which primary elections can vary from jurisdiction to jurisdiction:
- Rules of participation: In jurisdictions that conduct partisan primaries, who can vote in a party's primary? Is participation limited to registered party members, or can other eligible voters (such as unaffiliated voters or voters belonging to other parties) participate? In general, there are three basic types of primary election participation models: open primaries, closed primaries, and semi-closed primaries.
- Methods for determining election outcomes: What share of the total votes cast does a candidate have to receive in order to advance to the general election? Methods for determining primary election outcomes include plurality voting systems, majority voting systems, top-two primaries, top-four primaries, and blanket primaries.
For more complete information on these criteria, click "[Show more]" below.
Rules of participation
The rules of participation in primary elections vary from jurisdiction to jurisdiction (in some cases, different political parties may enforce different participation criteria within a single jurisdiction). In general, there are three basic primary election participation models used in the United States:
- Open primaries: An open primary is any primary election in which a voter either does not have to formally affiliate with a political party in order to vote in its primary or can declare his or her affiliation with a party at the polls on the day of the primary even if the voter was previously affiliated with a different party.[1]
- Closed primaries: A closed primary is any primary election in which a voter must affiliate formally with a political party in advance in order to participate in that party's primary.[1]
- Semi-closed primaries: A semi-closed primary is one in which previously unaffiliated voters can participate in the primary of their choosing. Voters who previously affiliated with a political party who did not change their affiliations in advance cannot vote in another party's primary.[1]
Methods for determining election outcomes
Methods for tallying votes to determine a primary election's outcome include the following:
- Plurality voting system: In plurality systems, the candidate who wins the largest share of the vote wins the election. The candidate need not win an outright majority to be elected. These systems are sometimes referred to as first-past-the-post or winner-take-all systems.[2][3]
- Majority voting system: In majority systems, a candidate must win more than 50 percent of the vote in order to win the election. In the event that no candidate wins an outright majority, a runoff election is held between the top two vote-getters. For this reason, majority systems are sometimes referred to as two-round systems. Ranked-choice voting is a specific type of majority voting system that may also be used in primary elections.[2][3]
- Top-two primaries: A top-two primary is one in which all candidates are listed on the same primary election ballot; the top two vote-getters, regardless of their partisan affiliations, advance to the general election. Consequently, it is possible that two candidates belonging to the same political party could win in a top-two primary and face off in the general election. Top-two primaries should not be confused with blanket primaries or top-four primaries. In a blanket primary, all candidates are listed on the same primary ballot; the top vote-getter from each party participating in the primary advances to the general election. In a top-four primary, all candidates are listed on the same primary ballot; the top-four vote-getters advance to the general election, regardless of party.[1][4][5]
Primary systems by state
Open primaries
- See also: Open primary
In 20 states, at least one political party conducts open primaries for congressional and state-level offices. The map and table below identify states in which at least one political party uses open primaries for congressional and state-level elections. Hover over a state for additional details.[1][6]
| States where at least one political party uses open primaries for congressional and state-level elections | ||
|---|---|---|
| State | Open primaries | Notes |
| Alabama | Yes | In Alabama, a voter may participate in any party's primary by declaring his or her preference for that party at the polls on the day of the primary election.[7] |
| Arkansas | Yes | N/A |
| Georgia | Yes | N/A |
| Hawaii | Yes | N/A |
| Illinois | Yes | A voter must publicly state his or her affiliation at the polling place in order to vote in a party's primary.[8] |
| Indiana | Yes | Section 3-10-1-6 of the Indiana Code stipulates that, in order to participate in a party's primary, a voter must have either voted for a majority of that party's nominees in the last general election or must intend to vote for a majority of the party's nominees in the upcoming general election. According to FairVote, which classifies Indiana as an open primary state, this provision of the law is unenforceable due to the nature of secret balloting.[9] |
| Iowa | Yes | Section 43.38 of the Iowa Code stipulates that only registered party members can vote in a party's primary. Section 43.42 of the Iowa Code stipulates that a voter may change his or her party affiliation at the polls on primary election day and vote in the primary of a party other than the one to which he or she formerly belonged.[10] |
| Michigan | Yes | N/A |
| Minnesota | Yes | N/A |
| Mississippi | Yes | N/A |
| Missouri | Yes | N/A |
| Montana | Yes | N/A |
| North Dakota | Yes | N/A |
| Ohio | Yes | According to FairVote, a voter can "choose a party affiliation on the day of the election." If a voter has previously participated in another party's primary, he or she can complete a statement at the polling place on the day of the election affirming that the voter is changing his or her partisan affiliation.[6] |
| South Carolina | Yes | N/A |
| Tennessee | Yes | Section 2-7-115 of the Tennessee Code stipulates that a voter must either be registered with a political party or must declare his or her affiliation with the party at the polls on primary election day in order to vote in that party's primary.[11] |
| Texas | Yes | N/A |
| Vermont | Yes | N/A |
| Virginia | Yes | N/A |
| Wisconsin | Yes | N/A |
Closed primaries
- See also: Closed primary
In 15 states and the District of Columbia, at least one political party conducts closed primaries for congressional and state-level offices. The map below identifies states in which at least one political party utilizes closed primaries for congressional and state-level elections. Hover over a state for additional details.[1][6]
| States where at least one political party uses closed primaries for congressional and state-level elections | ||
|---|---|---|
| State | Closed primaries | Notes |
| Connecticut | Yes | Section 9-431 of the General Statutes of Connecticut stipulates that only registered members of a political party are entitled to vote in that party's primary, though a party may choose to permit unaffiliated voters to participate in its primary.[12] |
| Delaware | Yes | |
| Florida | Yes | |
| Kentucky | Yes | |
| Maine | Yes | State law stipulates that political parties can determine for themselves who may participate in their primary elections.[13] |
| Maryland | Yes | State law stipulates that political parties can determine for themselves who may participate in their primary elections.[14] |
| Nevada | Yes | |
| New Mexico | Yes | |
| New York | Yes | |
| Oklahoma | Yes (Republican Party and Libertarian Party) | Section 26-1-104 of the Oklahoma Statutes stipulates that only a registered member of a political party can vote in that party's primary. The law does grant parties the authority to determine for themselves whether unaffiliated voters may vote in their primaries.[15] |
| Oregon | Yes | |
| Pennsylvania | Yes | |
| South Dakota | Yes (Republican, Libertarian, and Constitution parties) | Section 12-6-26 of the South Dakota Codified Laws stipulates that a voter who has registered with a political party can only vote in that party's primary. The statute does grant parties the authority to determine for themselves whether unaffiliated voters may participate in their primaries.[16] |
| Utah | Yes (Republican Party) | |
| Washington, D.C. | Yes | |
| Wyoming | Yes | Voters must be affiliated with a political party before candidate nominations are filed (96 days prior to the primary by statute) in order to participate in its primary election.[17][18] |
Semi-closed primaries
- See also: Semi-closed primary
In 14 states, at least one political party conducts semi-closed primaries for congressional and state-level offices. The map below identifies states in which at least one political party uses semi-closed primaries for congressional and state-level elections. Hover over a state for additional details.[1][6]
| States where at least one political party uses open primaries for congressional and state-level elections | ||
|---|---|---|
| State | Semi-closed primaries | Notes |
| Arizona | Yes | |
| Colorado | Yes | |
| Idaho | Yes | State law stipulates that political parties can determine for themselves who may participate in their primary elections. Unaffiliated voters can affiliate with a party on the day of the election and participate in its primary. Voters who are already affiliated with a political party must disaffiliate no later than the 10th Friday preceding the primary election in order to affiliate with another party and vote in its primary.[19] |
| Kansas | Yes | Section 25-3301 of the Kansas Statutes stipulates that a voter who is already affiliated with a political party can participate only in that party's primary. An unaffiliated voter can declare his or her affiliation with a political party on the day of the election and vote in that party's primary. Previously affiliated voters cannot change their affiliation on the day of the election.[20] |
| Massachusetts | Yes | |
| New Hampshire | Yes | |
| New Jersey | Yes | A previously unaffiliated voter can participate in the primary of his or her choice by affiliating with a party on the day of the election. Otherwise, a voter must indicate his or her party preference (e.g., via an updated voter registration) no later than the 55th day preceding the primary in order to vote in that party's primary. |
| New York | Yes (Reform Party) | In 2018, the Reform Party opened its primary to independent voters.[21] |
| North Carolina | Yes | |
| Oklahoma | Yes (Democratic Party) | Section 26-1-104 of the Oklahoma Statutes stipulates that only a registered member of a political party can vote in that party's primary. The law does grant parties the authority to determine for themselves whether unaffiliated voters may vote in their primaries.[22] |
| Rhode Island | Yes | |
| South Dakota | Yes (Democratic Party) | Section 12-6-26 of the South Dakota Codified Laws stipulates that a voter who has registered with a political party can only vote in that party's primary. The statute does grant parties the authority to determine for themselves whether unaffiliated voters may participate in their primaries.[23] |
| Utah | Yes (Democratic Party) | |
| West Virginia | Yes | State law permits political parties to determine for themselves whether unaffiliated voters may participate in their primary elections.[24] |
Top-two primaries and their variants
- See also: Top-two primary, Blanket primary, and Top-four primary
As of September 2023, three states used a top-two primary for some elections:
- California adopted a top-two primary system in 2010 after the passage of California Proposition 14.
- In Nebraska, a top-two primary system is utilized for state legislative elections. Because Nebraska's state legislature is nonpartisan, partisan affiliation labels are not listed alongside the names of state legislative candidates.
- In 2004, Washington became the first state to adopt a top-two primary system for congressional and state-level elections after the passage of Washington Initiative 872.
Two additional states used some variation of top-two primaries for their elections:
- In 2020, Alaska voters approved Alaska Ballot Measure 2 establishing a top-four primary, which is a variation of the top-two primary, for state executive, state legislative, and congressional elections. The initiative also established ranked-choice voting for general elections for the aforementioned offices and the presidency.
- Louisiana does not conduct typical primary elections. Instead, all candidates running for a local, state, or federal office appear on the same ballot in either October (in odd-numbered years) or November (in even-numbered years), regardless of their partisan affiliations. If a candidate wins a simple majority of all votes cast for the office (i.e., 50 percent, plus one vote), he or she wins the election outright. If no candidate meets that threshold, the top two finishers advance to a second election in either November (in odd-numbered years) or December (in even-numbered years), regardless of their partisan affiliations. In that election, the candidate who receives the greatest number of votes wins. Ballotpedia refers to Louisiana's electoral system as the Louisiana majority-vote system. It is also commonly referred to as a jungle primary. Because it is possible for a candidate to win election in the first round of voting, Louisiana's nominating contest is not a traditional primary.
The map below identifies states that utilize top-two primary elections or a variation. Hover over a state for additional details.
Primary runoff elections
- See also: Runoff election
In 40 of the 50 states, the candidate who receives the greatest number of votes in a primary election is considered the winner, even if he or she does not win more than 50 percent of votes cast. In the 10 states identified in the map and table below, a candidate must win a majority of votes cast (that is, more than 50 percent) in order to win a primary. In these states, if no candidate reaches that threshold, a primary runoff election is held. See the map and table below for further details. Unless otherwise specified, the states identified below conduct primary runoffs if no candidate, regardless of the office being sought, wins an outright majority of the votes cast.[25]
| States in which primary runoff elections are held | |
|---|---|
| State | Notes |
| Alabama | |
| Arkansas | |
| Georgia | |
| Mississippi | |
| North Carolina | In North Carolina primaries, if no candidate receives at least 30 percent of the vote, a runoff election (also referred to as a second primary) can be requested in writing.[26][1] |
| Oklahoma | |
| South Carolina | |
| South Dakota | According to the National Conference of State Legislatures, "a runoff is held only for the offices of U.S. Senator, U.S. Representative, or governor. This is called a 'secondary' election. If, in a primary race involving three or more candidates, no candidate receives 35 percent of the vote, the two candidates receiving the highest number of votes move to a secondary election." |
| Texas | |
| Vermont | Vermont conducts a runoff only in the event of a tie in the primary. |
The table below includes state legislation related to primaries introduced in or carried over to the current year's legislative session. The following information is included for each bill:
- State
- Bill number
- Official name or caption
- Most recent action date
- Legislative status
- Topics dealt with by the bill
Bills are organized alphabetically, first by state and then by bill number. The table displays up to 100 results by default. To view additional results, use the arrows in the upper-right corner of the table. For more information about a particular bill, simply click the bill number. This will open a separate page with additional information.
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The Ballot Bulletin
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See also
- Caucus
- Primary election types by state
- State primary election types
- Open primary
- Closed primary
- Semi-closed primary
- Top-two primary
- Top-four primary
- Blanket primary
- Jungle primary
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 National Conference of State Legislatures, "State Primary Election Types," May 26, 2023
- ↑ 2.0 2.1 FairVote, "Types of Voting Systems," accessed June 9, 2023
- ↑ 3.0 3.1 Georgetown University, "Electoral Systems," accessed June 9, 2023
- ↑ USLegal.com, "Blanket Primary Law and Legal Definition," accessed June 9, 2023
- ↑ Encyclopedia Brittanica, "Primary Election," accessed June 9, 2023
- ↑ 6.0 6.1 6.2 6.3 FairVote, "Who Can Vote in Congressional Primaries," accessed June 13, 2023
- ↑ Alabama Secretary of State, "Frequently Asked Questions," accessed November 20, 2019
- ↑ Illinois Compiled Statutes, "Chapter 10 ILCS 5/, Article 7, Section 43," accessed June 13, 2023
- ↑ Indiana Code, 'Section 3-10-1-6," accessed June 13, 2023
- ↑ Iowa Code, "Sections 43.38 and 43.42," accessed June 13, 2023
- ↑ Tennessee Code, "Section 2-7-115," accessed June 13, 2023
- ↑ General Statutes of Connecticut, "Section 9-431," accessed September 14, 2017
- ↑ Maine Revised Statutes, "Title 21-A, Section 340," accessed June 13, 2023
- ↑ Maryland Election Law Code, "Section 8-202," accessed June 13, 2023
- ↑ Oklahoma Statutes, 'Section 26-1-104," accessed June 13, 2023
- ↑ South Dakota Codified Laws, "Section 12-6--26," accessed June 13, 2023
- ↑ CBS News, "'Crossover voting' in primaries in Wyoming is about to become more difficult," March 3, 2023
- ↑ Ballotpedia Legislation Tracker, "'Wyoming HB0103," accessed September 8, 2023
- ↑ Idaho Statutes, "Section 34-904A," accessed June 13, 2023
- ↑ Kansas Statutes, 'Section 25-3301," accessed June 13, 2023
- ↑ Ballot Access News, "New York Reform Party Will Hold First Statewide Primary in Which New York Independent Voters May Vote," May 21, 2018
- ↑ Oklahoma Statutes, "Section 26-1-104," accessed June 13, 2023
- ↑ South Dakota Codified Laws, "Section 12-6-26," accessed June 13, 2023
- ↑ West Virginia Code, 'Section 3-2-5," accessed June 13, 2023
- ↑ National Conference of State Legislatures, "Primary Runoffs," July 11, 2022
- ↑ Justia, "2022 North Carolina General Statutes, Chapter 163 - Elections and Election Laws, Article 10 - Primary Elections. § 163-111 - Determination of primary results; second primaries," accessed September 1, 2023
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