Primary election

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. 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. 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.

HIGHLIGHTS

In 18 states, at least one political party conducts open primaries for congressional and state-level offices.

In 23 states and the District of Columbia, at least one political party conducts closed primaries for congressional and state-level offices.

In states, at least one political party conducts semi-closed primaries for congressional and state-level offices.

In 4 states where political parties are responsible for administering their own primaries, one party adopted closed primaries, while another party adopted semi-closed primaries. These states are included in the totals for both categories.

In 5 states, top-two primaries or a variation are used. These state primaries are considered a separate entity and are not included in the totals for open, closed, or semi-closed primaries.

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:

1. 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.
2. Primary systems by state: This section summarizes the various primary election systems employed in the United States for congressional and state-level elections.
3. Recent legislation: This section lists state legislation relevant to primary election policy in the United States.

Background

An "I Voted" sticker.

In general, there are two broad criteria by which primary elections can vary from jurisdiction to jurisdiction:

1. 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. Several states also use a top-two primary or a variant of that system.

• In closed primaries only registered party members are allowed to vote.
• In semi-closed primaries, registered party members and unaffiliated voters are allowed to vote.
• In open primaries, all voters are allowed to vote.
• In top-two primaries, top-four primaries, and blanket primaries, all candidates are listed on the same ballot, regardless of partisan affiliation and voters may vote for candidates from more than one party.

2. Vote requirements: 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 ans majority voting systems. Two states, California and Washington, use top-two primaries, while one, Alaska, uses a top-four primary. Both are plurality systems. Maine use ranked-choice voting for some primaries, which is a majority system.

Primary systems by state

Open primaries

See also: Open primary

In 18 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 elections, state-level elections, or both. Hover over a state for additional details.

States where at least one political party uses open primaries for congressional and state-level elections

State	Open primaries	Notes
Alabama	Yes	Alabama voters may participate in any party's primary by declaring their preference for that party at the polls on the day of the primary.
Arkansas	Yes	Arkansas state law gives parties discretion to determine participation rules. Both the Democratic and Republican parties operate an open primary.
Georgia	Yes
Hawaii	Yes
Idaho	Democratic Party	Idaho state law gives parties discretion to determine participation rules. The Democratic Party operates an open primary.
Kansas	Democratic Party	Kansas state law gives parties discretion to determine participation rules. The Democratic Party operates an open primary.
Michigan	Yes
Minnesota	Yes
Mississippi	Yes
Missouri	Yes
Montana	Yes
North Dakota	Yes
South Carolina	Yes
Texas	Yes
Utah	Democratic Party	Utah state law gives parties discretion to determine participation rules. The Democratic Party operates an open primary.
Vermont	Yes
Virginia	Yes
Wisconsin	Yes

Closed primaries

See also: Closed primary

In 23 states, at least one political party conducts closed primaries for congressional and state-level offices. The map and table below identify states in which at least one political party uses closed primaries for congressional and state-level elections. Hover over a state for additional details.

States where at least one political party uses closed primaries for congressional and state-level elections

State	Closed primaries	Notes
Connecticut	Yes	Connecticut state law gives parties discretion to determine participation rules. Both the Democratic and Republican parties operate a closed primary.
Delaware	Yes
Florida	Yes
Idaho	Republican Party	Idaho state law gives parties discretion to determine participation rules. The Republican Party operates a closed primary.
Illinois	Yes	A voter must declare their affiliation at the polls to vote a partisan primary ballot. However, any voter is able to choose their affiliation at the polls on the day of the primary. Their ballot choice may be considered as registering with that party. Although state law requires voters to be affiliated to vote in a partisan primary, Illinois does not record a voter's affiliation as part of their registration record.
Indiana	Yes	State law 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. Although state law requires voters to be affiliated to vote in a partisan primary, Indiana does not record a voter's affiliation as part of their registration record.
Iowa	Yes	Iowa law stipulates that only registered party members can vote in a party's primary, however Section 43.42 of the Iowa Code stipulates that a voter may change his or her party affiliation at the polls on primary day and vote in the primary of a party other than the one to which he or she formerly belonged. Although state law requires voters to be affiliated to vote in a partisan primary, Iowa does not record a voter's affiliation as part of their registration record.
Kansas	Republican Party	Kansas state law gives parties discretion to determine participation rules. The Republican Party operates an closed primary.
Kentucky	Yes
Maryland	Yes	Maryland state law gives parties discretion to determine participation rules. Both the Democratic and Republican parties operate a closed primary.
Nebraska	Republican Party	Primary participation rules in Nebraska vary by office type. State law grants parties discretion to determine participation rules for primaries whose rules are not otherwise set by state law. The Republican Party operates a closed primary for these offices. Regardless of party rules, an unaffiliated voter is allowed to vote in the primary election of their choice for the office of United States Senator or United States Representative.
Nevada	Yes
New York	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.
Ohio	Yes	State law requires a voter to be affiliated with a party to vote in that party's primary, however a voter of any affiliation can choose the ballot they would like to vote on the day of the primary and their choice may be regarded as registration with that party. Although state law requires voters to be affiliated to vote in a partisan primary, Ohio does not record a voter's affiliation as part of their registration record.
Oklahoma	Republican Party	Oklahoma state law gives parties discretion to determine participation rules. Both the Democratic and Republican parties operate a closed primary.
Oregon	Yes	Oregon state law gives parties discretion to determine participation rules. Both the Democratic and Republican parties operate a closed primary.
Pennsylvania	Yes
South Dakota	Republican Party	South Dakota state law gives parties discretion to determine participation rules. The Republican Party operates a closed primary.
Tennessee	Yes	State law requires a voter to be a "bona fide member of and affiliated with the political party" to vote in a party's primary. Although state law requires voters to be affiliated to vote in a partisan primary, Tennessee does not record a voter's affiliation as part of their registration record.
Utah	Republican Party	Utah state law gives parties discretion to determine participation rules. The Republican Party operates a closed primary.
West Virginia	Republican Party	West Virginia state law gives parties discretion to determine participation rules. The Republican Party operates a closed primary.
Wyoming	Yes

Semi-closed primaries

See also: Semi-closed primary

Top-two primaries and their variants

See also: Top-two primary, Blanket primary, and Top-four primary

The map and chart below identify states that utilize top-two primary elections or a variation. Hover over a state on the map for additional details.

States where a top-two style primary is used for some or all congressional or state-level offices

State	Top-two primary or variant	Statute	Notes
Alaska	Top-four	Alaska Stat. § 15.25.010	Alaska uses a top-four primary for state executive, state legislative, and congressional elections where candidates from all parties appear on the same primary ballot. The top four finishers move on to the general election.
California	Top-two	California Constitution Article II, Section 5	California uses a top-two primary where candidates from all parties appear on the same primary ballot. The top two finishers move on to the general election.
Louisiana	Varies by office (Semi-closed & top-two variant)	La. Rev. Stat. Ann. §§ 18:401, 18:511, 18:410.3	Primary participation rules in Louisiana vary by office type. Louisiana uses a semi-closed primary for congress, justice of the supreme court, the State Board of Elementary and Secondary Education, and the Public Service Commission. For all other statewide offices—including state senator and representative—Louisiana uses the Louisiana majority-vote system.
Nebraska	Varies by office (Party discretion, semi-closed, & top-two)	Neb. Rev. Stat. §§ 32–912 & 508	Primary type varies by office. State legislative primaries use a non-partisan top-two system. Congressional primaries are partisan, but any voter may vote in the congressional primary of their choice. For all other statewide offices, a state party can determine if it will allow unaffiliated voters to vote their primary ballot. Unaffiliated voters can also choose to vote a "non-partisan partisan ballot" on the day of the election which allows them to vote for any elective office that a party decides to include on that ballot. A voter can change their affiliation up until the second Friday before the election.
Washington	Top-two	Wash. Rev. Code § 29A.52.112	Washington uses a top-two primary where candidates from all parties appear on the same primary ballot. The top two finishers move on to the general election.

Primary runoff elections

See also: Runoff election

In 41 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.

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.
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

Recent legislation related to primaries

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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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
• Final-five voting

Footnotes

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