A Maryland resident filed a lawsuit against the state and its Board of Elections, alleging that the state’s law of having a closed primary is unconstitutional. 

The legal argument for the lawsuit is based on the state constitution, which guarantees the right to vote in “all elections to be held in this State.”

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“We believe it is a fundamental American value that every citizen should have a right to vote in a public election,” Jeremy Gruber, Open Primaries senior vice president, told the Washington Post. “We all pay for them as taxpayers, but independent voters by the millions are being shut out of public elections. It’s a voting crisis in this country.”

Maryland is one of 14 states with a closed primary, the rationale behind such a primary being that it prevents members of the opposing party from influencing the results of the other primary elections.

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There are 960,000 independent voters in the state, and between 2012 and 2025, the number of independent voters increased from 16% to 22%. 

The lawsuit comes ahead of the 2026 gubernatorial election in the state, in which Gov. Wes Moore (D-MD) is vying for reelection.