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Primary elections allow voters to determine which candidates compete in the general election. Primaries can be nonpartisan—where all candidates appear on the same ballot (with or without a party label)—or they can be partisan. In partisan primaries, voters choose the candidates they prefer for a political party to nominate for the general election.
Laws governing primary elections vary by state. In some states, primary types also vary by political party or office up for election.
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.
This article covers two main topics, the laws that govern primary participation and outcomes, and the rules that major parties in each state use for their primaries. This article also includes this information organized by state.
As of September 2025, 14 states require open primaries, 13 require closed primaries, nine require semi-closed primaries, three require top-two style primaries for all offices, and in 11 states parties have discretion to choose participation rules for their primaries.[1]See below for a breakdown of these laws, as well as what primaries are in use.
Primaries 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. See below for each state's requirements.
This article does not include information about presidential preference primaries, which frequently operate under different laws and rules than other primaries. Click here for more information about those primaries.
Primary types currently in use in each state
Primary types currently in use by the Democratic and Republican parties in the 50 states and D.C.
Laws governing primaries by state
State laws that dictate who may participate in primaries and how they are won.
State specific information
Information organized by state, including laws and participation details.
Because not every state specifies the type of primary that political parties must conduct, the primary types that parties actually use fit into a different categorization and may vary within a state. In 40 states, both the Democratic or Republican parties use an open, closed, or semi-closed primary. In seven states, the parties operate different types of primary. In three states—Alaska, California, and Washington—there were no partisan primaries for congressional and state-level offices.
As of September 2025, the Democratic Party used:[2]
In 19 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.
States where at least one political party uses open primaries for congressional and state-level elections
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 Democratic Party operates an open primary for these offices. Regardless of party rules, an unaffiliated voter is allowed to vote in the primary of their choice for the office of United States Senator or United States Representative.
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
Connecticut state law gives parties discretion to determine participation rules. Both the Democratic and Republican parties operate a closed primary.[4]
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.[5]
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.
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.[6]
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 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.[7][8]
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.
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.
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.
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.
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.[9]
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.
In 12 states, at least one political party conducts semi-closed primaries for congressional and state-level offices. The map and table below identify 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.
States where at least one political party uses semi-closed primaries for congressional and state-level elections
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.
Five states use a top-two primary or a variant of a top-two primary for some or all congressional and state-level offices. In general, these are primaries where all candidates are listed on the same ballot, regardless of their party affiliation, and all registered voters participate in the same primary. A pre-designated number of candidates that receive the most votes (typically the top two voter-getters) advance from the primary. The map and table below identify states that use a top-two primary primary or a variant for at least some congressional and state-level elections.
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 at least one political party uses top-two style primaries for congressional and state-level elections
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.
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.
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 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.
Laws governing primary participation by state[edit]
Each state has laws that either stipulate which voters can participate in primaries, or that allow parties to choose who may vote in their primaries. The categories a state's primary laws may fall in to are:
Open: State law says that anyone can vote in this primary, regardless of partisan affiliation. There are no affiliation requirements before or after the primary.
Closed: State law says a voter must be affiliated with a political party to participate in its primary. Note: It may still be possible for a voter to affiliate or change affiliation on the day of the primary in some states with closed primaries.
Semi-closed: State law says that voters who are not affiliated with a political party may participate in the partisan primary of their choice while retaining their status as an unaffiliated voter.
Top-two or variation: State law says that all registered voters vote in the same primary, and all candidates are listed on the same ballot.
Party discretion: State law permits parties to choose participation rules for their primaries.
In 39 states, laws specify that major parties must hold an open, closed, semi-closed, or top-two style primary for most congressional and state offices. In 11 states, laws permit parties to choose between at least two possible primary types for most primaries.[10] In some cases, a state's laws may specify that parties conduct closed primaries where a voter must be affiliated with the party to participate, but the voter may be able to affiliate at the time of voting. Click here to see primary participation details for each state.
Of the 39 states where state law specifies a single primary type for most or all state and congressional offices:
As of September 2025:
Fourteen require open primaries.
Thirteen require closed primaries.
Nine require semi-closed primaries.
Three require top-two style primaries for all offices.
Of the 11 states where parties have discretion to choose between primary types:
As of September 2025:
In one state, both the Democratic and Republican parties hold open primaries.
In three states, both the Democratic and Republican parties hold closed primaries.
In four states, the Democratic party holds an open primary and the Republican party holds a closed primary.
In three states, the Democratic party holds a semi-closed primary and the Republican party holds a closed primary.
Open primaries
Laws in 14 states requires political parties to conduct a primary in which any voter may participate without affiliating with that party.
Closed primaries
Laws in 13 states require political parties to conduct a primary a voter must register or be affiliated with the party to vote in their primary. Note that it may still be possible for a voter to affiliate or change affiliation on the day of the primary in some of these states. Hover over a state below and see state specific information for more information.
Semi-closed primaries
Laws in nine states require political parties to conduct a primary where unaffiliated voters may participate in the primary of their choice without affiliating with a party. In Louisiana, participation rules vary by office. Hover over a state below and see state specific information for more information.
Top-two primaries and variants
Laws in five states require a top-two primary or a variant of a top-two primary where all candidates are listed on the same ballot, regardless of their party affiliation, and all registered voters participate in the same primary. In Nebraska and Louisiana, participation rules vary by office. Hover over a state below and see state specific information for more information.
Party discretion
Laws in 11 states grant political parties some discretion in determining who may participate in their primaries. Hover over a state below and see state specific information for more information.
There is no partisan registration and any voter may select one party's primary to participate in. A voter is bound to the party they voted for in case of a run-off primary.
Alaska uses a top-four primary where candidates from all parties appear on the same primary ballot. The top four finishers move on to the general election.
Organized political parties prescribe the qualifications of their own membership and the qualifications for voting in their party primaries. Both parties run open primaries. A voter is bound to the party they voted for in case of a run-off primary.
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.
A state party can determine if it will allow unaffiliated voters to vote for some or all offices. If a voter is not affiliated with any party, they can join a party in person up until noon on the day prior to the primary. A voter previously affiliated with a party cannot vote in any partisan primary election for 3 months after their affiliation is changed.
There is no partisan registration and any voter may select one party's primary to participate in. A voter is bound to the party they voted for in case of a run-off primary.
A state party can determine if it will allow unaffiliated voters or voters affiliated with another party to vote their ballot. Regardless of what a party decides, a previously unaffiliated voter can affiliate on the day of the primary. A voter previously affiliated with a party who wants to change their affiliation or become unaffiliated must do so no later than the twelfth Friday before the primary.
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.
State law says that voters can only vote in a party's primary if they voted for a majority of that party’s candidates in the last general election or plan to in the upcoming election, thereby requiring affiliation. However, it is possible for any voter to vote in any party's primary so long as they meet this criteria.
Any voter can affiliate or change their affiliation on the day of the primary, however state law requires the voter to be affiliated with a party to vote in its primary.
A state party can determine if it will allow unaffiliated voters to vote their ballot. However, unaffiliated voters can affiliate on the day of a primary election. A previously affiliated voter may change their affiliation up until noon on June 1 before a primary.
Primary type varies by office. 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.
Unaffiliated voters may vote in the primary of their choice. An affiliated voter may change their affiliation up to 15 days prior to a primary. A voter must remain affiliated with a party for at least 3 months before they can withdraw or change their affiliation.
A state party can determine if it will allow unaffiliated voters or voters affiliated with another party to vote their ballot. A voter can affiliate or change their affiliation up until the 21st day prior to a primary election.
There is no partisan registration and any voter may select one party's primary to participate in. A voter is bound to the party they voted for in case of a run-off primary.
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.
A voter must be affiliated with a party to participate in their primary. However, a voter can affiliate or change party affiliation on day of the primary.
Unaffiliated voters can vote in the primary of their choice and leave the polling place without a party affiliation. Previously affiliated voters must change their registration before the first Wednesday of June before a primary.
An unaffiliated voter can affiliate on the day of the primary and vote in the primary of their choice. They are then considered registered with that party and must change their affiliation before voting in another party's primary.
Unaffiliated voters may vote in the primary of their choice. If a voter is affiliated with a major party they may change their affiliation by the 28th day before the primary to vote in a different party's primary.
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.
A state party can determine if it will allow unaffiliated voters to vote their ballot. A voter may change their party affiliation at any time except from April 1 to August 31 in even-numbered years.
A state party can determine if it will allow unaffiliated voters to vote their ballot. A votermay change their affiliation up until the 20th day before a primary.
Unaffiliated voters may vote in the primary of their choice. A voter who wishes to change their affiliation and vote in another party's primary must do so at least 30 days prior to the primary.
A state party can determine if it will allow unaffiliated voters to vote their ballot. A voter has until 15 days prior to the primary to affiliate with a party or change their affiliation.
Although voters do not register with a party affiliation, 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.
A voter can become affiliated with a party by voting in a party's primary election. That voter cannot then become affiliated with another political party during that year. Party affiliation automatically expires at the end of the year. In case of a run-off primary, a voter is bound to the party whose ballot they voted in the primary.
A state party can determine if it will allow unaffiliated voters or voters affiliated with another party to vote their ballot. Unaffiliated voters can affiliate on the day of the election. In even-numbered years when a presidential election is held, the deadline to change party affiliation for a voter who was affiliated with a party previously is the day after the declaration of candidacy deadline. In even-numbered years when a presidential election will not be held, the deadline to change party affiliation is April 1.
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.
A state party can determine if it will allow unaffiliated voters or voters affiliated with another party to vote their ballot. The deadline to change political party affiliation is 21 days prior to the primary.
Methods for determining a primary's outcome include plurality counts and majority counts.
Forty-one states require that a candidate receive a plurality of all votes cast in order to be declared the winner of a primary, including three states that use a top-two or top-four primary system. The candidate who wins the largest share of the vote wins the election, regardless of their vote total.
Eight states require that a candidate win a majority of all votes cast (i.e., 50 percent plus at least one) in order to be declared the winner of a primary, including one state that uses ranked-choice voting (RCV) for primaries. In the event that no candidate wins an outright majority in a non-RCV election, a runoff election is held between the top two vote-getters.
Any registered voter can vote in the primary of their choice.
State law
State law requires open primaries. Alabama state law says "All persons who are qualified electors under the general laws of the State of Alabama and who are also members of a political party and entitled to participate in such primary election under the rules of the party shall be entitled to vote therein and shall receive the official primary ballot of that political party, and no other; but every governing body of a party shall have the right, power, and authority to fix and prescribe the political or other qualifications of its own members and shall, in its own way, declare and determine who shall be entitled and qualified to vote in such primary election or to be candidates therein or to otherwise participate in such political parties and primaries."[11]
There is no partisan registration and any voter may select one party's primary to participate in. A voter is bound to the party they voted for in case of a run-off primary.
All registered voters participate in the same primary. There is no need to affiliate with a party to vote in the primary.
State law
Alaska uses a top-four primary where all candidates appear on the same ballot, regardless of party, and the top four vote-getters advance to the general election. State law says, "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."[12]
Unaffiliated voters and voters that are affiliated with the party conducting the primary.
State law
State law requires semi-closed primaries. Arizona state law says: "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."[13]
A voter previously affiliated with a party who wants to change their affiliation must do so by the 29th day before the primary, according to Ariz. Rev. Stat. Ann. § 16-120
Parties have discretion to decide who may vote in their primary. As of August 2025, both parties operated an open primary where any registered voter can vote in the primary, regardless of their affiliation.
State law
State law gives parties discretion to decide who may vote in their primary. Arkansas law says, "Each political party may establish by party rules additional qualifications to those established by § 7-5-201 for eligibility to vote in primary elections of the party."[14]
All registered voters participate in the same primary. There is no need to affiliate with a party to vote in the primary.
State law
State law stipulates a top-two primary where candidates from all parties appear on the same primary ballot and the top two finishers move on to the general election. This does not apply to the office of U.S. President, county central committees, or local offices.[15]Article II, section 5 of the California Constitution says: "All voters may vote at a voter-nominated primary election for any candidate for congressional and state elective office without regard to the political party preference disclosed by the candidate or the voter, provided that the voter is otherwise qualified to vote for candidates for the office in question. The candidates who are the top two vote-getters at a voter-nominated primary election for a congressional or state elective office shall, regardless of party preference, compete in the ensuing general election."[16]
Unaffiliated voters and voters that are affiliated with the party conducting the primary.
State law
An eligible unaffiliated elector... 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."[17]
Parties have discretion to decide whether unaffiliated voters may vote in their primaries. As of August 2025, both parties operated closed primary where only a voter affiliated with the party may vote in a party's primary.
State law
State law allows parties to decide whether unaffiliated voters can vote for some or all offices. Connecticut law says: "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."[18]
An unaffiliated voter can join a party in person up until noon on the day prior to the primary. A voter previously affiliated with a party cannot vote in any partisan primary election for 3 months after their affiliation is changed.[19]
Only a voter affiliated with the party may vote in that party's primary.
State law
Delaware law says: "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."[20]
Only a voter affiliated with the party may vote in that party's primary.
State law
Florida law says "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."[21]
Any registered voter can vote in the primary of their choice.
State law
Georgia law does not limit who may vote in a primary but does specify that a voter may only vote in one primary. State law says: "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."[22]
Any registered voter can vote in the primary of their choice.
State law
Hawaii law says: "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."[23]
Parties have discretion to decide who may vote in their primary. As of August 2025, the Democratic Party held an open primary and the Republican Party held a closed primary.
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."[25]
According to Idaho Code §34-411A previously unaffiliated voter can affiliate on the day of the primary. A voter previously affiliated with a party who wants to change their affiliation or become unaffiliated must do so no later than the twelfth Friday before the primary.
Only a voter affiliated with the party may vote in that party's primary. A voter may still be able to change their affiliation on the day of the primary and vote in the primary of the party they are newly affiliated with.
State law
Illinois law says: "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. ... No person who refuses to state his party affiliation shall be allowed to vote at a primary."[26]
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.[5] 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.
Only a voter affiliated with the party may vote in that party's primary. A voter may still be able to change their affiliation on the day of the primary and vote in the primary of the party they are newly affiliated with.
State law
Indiana state law say: "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; ..."[27]
Any voter may vote for the party of their choice if they plan to vote for "a majority of the regular nominees" of that party at the next general election.[27]
Only a voter affiliated with the party may vote in that party's primary. A voter may still be able to change their affiliation on the day of the primary and vote in the primary of the party they are newly affiliated with.
State law
Iowa state law says: "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."[28]
State law requires precinct officials to report changes in affiliation to the county election commissioner who records them on voter's registration records.[28]
Parties have discretion to decide who may vote in their primary. As of August 2025, the Democratic Party held an open primary and the Republican Party held a closed primary.
State law
Kansas state law says: "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."[29]
An unaffiliated voters can affiliate on the day of a primary election, while a voter previously affiliated with a party who wants to change their affiliation must do so before the candidate filing deadline, which is June 1 or the next business day.[29][30]
"Before a person shall be qualified to vote in a primary, he or she: (b) Shall have been a registered member of the party in whose primary he or she seeks to vote on December 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 December 31 immediately preceding the primary and the date set for the primary. (2) In the case of a new registration made after December 31 immediately preceding the primary, a voter shall have registered and remained continuously registered as a member of the party in whose primary he or she seeks to vote from the date of registration until the date set for the primary.[25]
Participation rules vary by the office up for election. 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 majority vote system.
State law
Louisiana state law distinguishes between party primary elections and other primaries which use the Louisiana majority-vote system. For party primary elections, state law says: "each voter voting in such election may vote only for a candidate who is affiliated with the same party as the voter. Voters not affiliated with a political party may vote in a recognized party primary, but such a voter may vote only in one recognized party primary."[32] For other primaries, state law says: "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."[33]
Extra detail
According to La. Rev. Stat. Ann. § 18:135, a voter can change their affiliation up to the 30th days before a primary if doing so by mail or in person, and up to the 20th day if doing so electronically.
Unaffiliated voters and voters that are affiliated with the party conducting the primary.
State law
Maine state law says: "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."[34] See Me. Rev. Stat. Ann. tit. 21–A, § 341
Extra detail
According to Me. Rev. Stat. Ann. tit. 21–A, § 142 and Me. Rev. Stat. Ann. tit. 21–A, § 144, a voter must remain affiliated with a party for at least 3 months before they can withdraw or change their party affiliation, and voters have until 15 days prior to a primary to change their affiliation.
Parties have discretion to decide who may vote in their primary. As of August 2025, both the Democratic and Republican parties operated a closed primary where only a voter affiliated with the party may vote in a party's primary.
State law
Maryland state law says: "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 6 months before the date of the primary election."[35]
Unaffiliated voters and voters that are affiliated with the party conducting the primary.
State law
Massachusetts state law say: "No voter enrolled... shall be allowed to receive the ballot of any political party except that in which he is so enrolled; provided... 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."[37]
According to the Massachusetts' secretary of state's website: "If you want to change your party to vote in a different party’s primary, you’ll need to update your voter registration at least 10 days before the primary.[38]
Any registered voter can vote in the primary of their choice.
State law
Michigan state law says, "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."[39] All candidates appear on the same ballot and a voter may only vote for candidates of one party at any primary. State law does not provide for partisan registration.[40]
Any registered voter can vote in the primary of their choice.
State law
All candidates appear on the same ballot and a voter may only vote for candidates from one party. State law says: "Minnesota Election Law permits you to vote for the candidates of only one political party in a state partisan primary election."[41]
Any registered voter can vote in the primary of their choice.
State law
Mississippi law says: "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."[42]
Any registered voter can vote in the primary of their choice.
State law
Missouri law says: "each voter shall be entitled to receive the ballot of one and only one political party, designated by the voter before receiving his ballot."[43]
Primary participation rules vary by the office up for election. 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. As of August 2025, the Democratic Party held a semi-closed primary, and the Republican Party held a closed primary.
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.
(2) Any political party may allow registered voters who are not affiliated with a political party to vote in the primary election for any elective office for which the party has candidates. Any political party desiring to permit such registered voters to vote for candidates of that party in the primary election shall file a letter stating that the governing body of the political party has adopted a rule allowing registered voters who are not affiliated with a political party to vote in the primary election for candidates of that party. The letter and copy of the adopted rule shall be filed with the Secretary of State at least sixty days before the primary election...
(3) A registered voter who is not affiliated with a political party and who desires to vote in the primary election for the office of United States Senator or United States Representative may request a partisan ballot for either or both of such offices from any political party...[25]
A voter who wants to affiliate with a political party or change their affiliation must re-register. The deadline to do so in person is the second Friday before the election, while the deadline to do so online is the third Friday before the election.[46][47][48]
Only a voter affiliated with the party may vote in that party's primary. A vote may be able to affiliate or change their affiliation on the day of the primary.
State law
Nevada law says: "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. ... 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."[49]
Unaffiliated voters and voters that are affiliated with the party conducting the primary.
State law
New Hampshire law says: "A person desiring to vote at a state or presidential primary election shall... announce the name of the party to which the person belongs or whether the person is registered as an undeclared voter."[50] State law also says: "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."[51]
According to N.H. Rev. Stat. Ann. § 654:34, an undeclared voter can affiliate with a party on the day of an election, and then unaffiliate before they leave the polling place. If they wish to affiliate before the election, they must do so before the first Wednesday of June before a primary. Similarly, a previously affiliated voter who wants to change their affiliation must do so before the first Wednesday of June before a primary.
Only a voter affiliated with the party may vote in that party's primary.
State law
New Jersey law says: "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."[52]
An unaffiliated voter may be able to affiliate on the day of the primary, and a voter previously affiliated with a party who wants to change their affiliation must do so by the 55th day before the primary according to N.J. Rev. Stat. § 19:23–45.
Unaffiliated voters and voters that are affiliated with the party conducting the primary.
State law
State law says: "A person at a primary election shall not be permitted to vote for the candidate of any party other than the party designated on the person's current certificate of registration," and, "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..."[53][54]
According to N.M. Stat. Ann. § 1–4–15 and § 1–4–16 a voter is affiliated with a major party and wants to change their affiliation, they must re-register during the registration period which closes the 28th day before a primary.
Only a voter affiliated with the party may vote in that party's primary.
State law
New York law says that any voter that "[v]otes, or offers to vote, at a primary election or caucus of a party, having voted at the primary election or caucus of any other political party on the same day, or being at the time enrolled in a party other than the party at whose primary or caucus he votes or offers to vote... is guilty of a misdemeanor."[55]
Unaffiliated voters and voters that are affiliated with the party conducting the primary.
State law
North Carolina law says: "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)."[56]
A previously affiliated voter that wants to vote in a different party's primary must change their affiliation by the close of the voter registration period, which is 25 days prior to the primary, according to N.C. Gen. Stat. § 163–82.17.
Any registered voter can vote in the primary of their choice.
State law
North Dakota law says: "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."[57]
Only a voter affiliated with the party may vote in a party's primary. A voter may still be able to change their affiliation on the day of the primary and vote in the primary of the party they are newly affiliated with.
State law
Ohio law say: "The right of a person to vote at a primary election may be challenged upon the following grounds: ... 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..."[58] State law also says: "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."[59]
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.
Parties have discretion to decide who may vote in their primary. As of September 2025, the Democratic Party held a semi-closed primary where registered voters and unaffiliated voters could participate, and the Republican Party held a closed primary where only registered party members could participate.
State law
Oklahoma law says: "No registered voter shall be permitted to vote in any Primary Election or Runoff Primary Election of any political party except the political party of which his registration form shows him to be a member, except as otherwise provided by this section... 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."[60]
Voters may change their party affiliation at any time except between April 1 and August 31 in even-numbered years, according to Okla. Stat. tit. 26, § 4–119.
Parties have discretion to decide who may vote in their primary. As of August 2025, both parties operated a closed primary where only a voter affiliated with the party may vote in a party's primary.
An elector is not qualified or permitted to vote at any primary election for any candidate of a major political party, and it is unlawful for the elector to offer to do so, unless:
(a) The elector is registered as being affiliated with one of the major political parties nominating or electing its candidates for public office at the primary election; or
(b) The elector is registered as not being affiliated with any political party and wishes to vote in the primary election of a major political party that has provided under subsection (3) of this section for a primary election that admits electors not affiliated with any political party.[25]
According to Or. Rev. Stat. § 247.203, an unaffiliated voter or a previously affiliated voter can affiliate with a new party up until the 20th day before a primary.
Only a voter affiliated with the party may vote in a party's primary.
State law
Pennsylvania law says: "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."[62]
A voter may change their affiliation or affiliate with a party up until the 16th day before a primary and vote in that party's primary. A change in affiliation made on the 15th day before a primary or later does not take effect until after the primary.[63]
Unaffiliated voters and voters that are affiliated with the party conducting the primary.
State law
Rhode Island law says: " 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."[64] State law also says: "Whenever an unaffiliated voter participates in a party primary, their party affiliation shall remain unaffiliated."[65]
A voter who wishes to change their affiliation to vote in a different party's primary must do so at least 30 days before the primary, according to R.I. Gen. Laws § 17-9.1-24.
Any registered voter can vote in the primary of their choice.
State law
South Carolina law says: "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 eighteen 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."[66]
Parties have discretion to decide who may vote in their primary. As of August 2025, the Democratic Party held a semi-closed primary and the Republican Party held a closed primary.
State law
South Dakota law says: "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."[68]
Only a voter affiliated with the party may vote in that party's primary. A voter may still be able to change their affiliation on the day of the primary and vote in the primary of the party they are newly affiliated with.
State law
Tennessee law says: "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."[69]
Voters do not indicate a partisan affiliation when registering to vote, but state law requires that a voter be a "bona fide member of and affiliated with the political party in whose primary the voter seeks to vote."[69]
Any registered voter can vote in the primary of their choice. They may not vote in more than one party's primary during a single voting year.
State law
Texas law requires voters to sign the following pledge before voting in a primary: "I am a (insert appropriate political party) and understand that I am ineligible to vote or participate in another political party's primary election or convention during this voting year."[70]
Parties have discretion to decide who may vote in their primary. As of August 2025, the Democratic Party held an open primary and the Republican Party held a closed primary.
State law
Utah law says: "Each registered political party, in a statement filed with the lieutenant governor, shall: ... (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."[71]
Unaffiliated voters may affiliate with a party on the day of the primary. The deadline for an affiliated voter to change their affiliation and vote in their new party's primary depends on the year. In presidential election years, the deadline is the fourth business day after January 2, or the fourth day after the next business day if January 2 is not one. In other even-numbered years, the deadline is April 1.[72]
Any registered voter can vote in the primary of their choice.
State law
Vermont law says: "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."[73]
Any registered voter can vote in the primary of their choice..
State law
Virginia law says: "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."[74]
All registered voters participate in the same primary. There is no need to affiliate with a party to vote in the primary.
State law
Washington law says: "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. ... 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."[75]
Parties have discretion to decide whether unaffiliated voters may vote in their primary. As of August 2025, the Democratic Party held a semi-closed primary where unaffiliated voters could participate, and the Republican Party held a closed primary in which only voters registered with the party could participate.
State law
West Virginia law says: "A voter who designates a political affiliation with a major party on a registration application filed no later than the close of voter registration before the primary may vote the ballot of that political party in the primary election. Political parties, through the official action of their state executive committees, shall be permitted to determine whether unaffiliated voters or voters of other parties shall be allowed to vote that party's primary election ballot upon request."[76]
Any registered voter can vote in the primary of their choice.
State law
Wisconsin law says: "The [partisan primary ballots] shall be made up of the several party tickets with each party entitled to participate in the primary under par. (b) or sub. (2) having its own ballot, except as authorized in s. 5.655."[77]
Only a voter affiliated with the party may vote in a party's primary.
State law
Wyoming law says: "An elector requesting a major party ballot shall declare or change party affiliation in accordance with W.S. 22-5-214 before receiving a party ballot. An elector may vote only the nonpartisan ballot and if so, is not required to declare his party affiliation."[78]
The table below includes state legislation related to primaries introduced during (or carried over to) the current year's legislative session. The following information is included for each bill:
State
Bill number
Official bill name or caption
Most recent action date
Legislative status
Sponsor party
Topics dealt with by the bill
Bills are organized by state and then by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
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↑In two states, Nebraska and Louisiana, participation laws vary by the state or congressional office up for election.
↑ 2.02.1For Nebraska, these figures include party participation rules for all statewide primaries except for state legislative or congressional offices. For Louisiana, these figures include participation rules for the state's "party primary" offices, and not offices which use the Louisiana majority-vote system.
↑In Louisiana and Nebraska participation rules change depending on the office up for election. Beginning in 2026, Louisiana will use 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 will continue to use theLouisiana majority-vote system. In Nebraska, 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.