'Open Primary' Legislation Supported By Bipartisan PA Lawmakers

HARRISBURG — Legislation is making its way around the capitol that would pave the way for Independents and voters registered with third parties to be able to participate in the primary election of their choice.

Pennsylvania is currently a 'closed primary' state, where only registered Democrats and Republicans are able to vote during primary elections, but proposed legislation in Harrisburg would open up primary contests to all eligible voters regardless of affiliation.

Those who support the Senate's version of the bill, S.B. 690, say the current system disenfranchises voters and is unfair.

"Right now, more than 1.1 million Pennsylvanians — nearly 16% of all registered voters — are registered either unaffiliated or independent, and they're currently denied the opportunity to have their voices heard," State Sen. Maria Collett, a Montgomery County Democrat, stated in written comments to Patch. "That's why I'm proud to be a cosponsor of SB 690, which would rightfully allow independent voters to fully participate in the electoral system they finance as taxpayers."

Pennsylvania is reportedly one of only nine states that have a closed primary system.

Collett told Patch that companion legislation in the state House, H.B. 1369, got a hearing earlier this week and that during the proceeding David Thornburgh, chair of Ballot PA, testified that, "Pennsylvania's closed primary system is not only archaic, it's anti-democratic."

"I could not agree more," Collett said. "The push for open primaries is truly a bipartisan — and nonpartisan — effort. I'm hopeful my colleagues and I can work together to ensure that our electoral system is one that allows each and every eligible Pennsylvanian to have their voice heard in each and every election."

Collett said that nationwide, independent voters make up 44 percent of the electorate, including 49 percent of military veterans and 50 percent of voters under the age of 40.

To exclude that segment of the voting population from having a say in elections is unfair, she said.

"The people in my district pride themselves on being independent thinkers, on voting for people, not for parties," Collett stated. "The concept of closed primaries just feels wrong to them — and I agree."

Support for moving to an open primary system seems to have garnered a bipartisan response, with legislators from both sides of the political aisle throwing their weight behind the idea.

In Montgomery County, State Sen. Katie Muth, a Democrat, and State Sen. Bob Mensch, a Republican, have both signed on as cosponsors of the Senate version of the open primary bill.

Over in the state House, a Republican representative was behind an earlier version of the measure in that chamber.

One of the arguments for keeping primaries closed seems to be that they are internal party activity, and as such should only be open to members of those respective parties.

This was a position voiced by State Rep. Paul Schemel, a Republican from Franklin County, according to an article on Spotlight PA.

The problem, others retort, is that taxpayers still foot the bill for primary election contests, leading some to believe the situation is akin to a modern-day taxation without representation.

So, the question becomes, if primaries are internal party activity, why are taxpayers funding primary elections?

Patch reached out to the office of State. Rep. Schemel to try and get clarification on his position, and on whether there seemed to be a disconnect, but a message was never returned.

For now, those who support open primaries say the system would likely help to increase voter turnout and participation.

"In our most recent primary election, only 18 percent of Pennsylvania’s registered voters went to the ballot box to cast a vote. The low turnout can in part be attributed to voters feeling disenfranchised by the extremes of both major parties, who have taken control of our primary process," State Rep. Daniel Laughlin, an Erie County Republican, wrote in a sponsorship memo for an earlier version of the open primary bill back in late 2020. "Allowing more people the opportunity to have a voice in their representation is an important step toward ensuring democracy."