The Definition of an Open Primary Election
Primary elections, which determine each party's candidates for the general election, are held according to varying rules from state to state. One type is the "closed primary," in which only registered party members can vote for their party's candidates, thus excluding independent voters from the process. Seventeen states currently have closed primaries, with another four using the "semi-closed" option in which voters registered as independent may wait until they are in the voting booth to decide their affiliation for that election. California uses a "modified closed" primary in which independent voters may vote in a primary election if authorized by the Secretary of State and the rules of a given party. The remaining states use "open primaries."
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Open Primaries
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Open primaries allow an independent voter to enter the voting booth on primary election day without having declared on which party's slate of candidates to vote. However, no split voting is possible. The voter must choose one party and cast votes only in that party's primary contests.
States with Open Primaries
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The states that as of 2009 hold open primaries are Alabama, Arkansas, Georgia, Idaho, Indiana, Michigan, Minnesota, Mississippi, Missouri, North Dakota, South Carolina, Tennessee, Texas, Vermont, Virginia, Washington and Wisconsin. Hawaii uses open primaries for all races except the presidential race, for which it has adopted a caucus system.
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Supporting Argument
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Those who support the idea of open primaries contend that, since they attract the participation of independents voter, they tend to facilitate the election of moderate candidates rather than either conservative or liberal ideological extremists.
Opposition on Constitutional Grounds
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The idea of holding open primaries has been opposed by some political observers on the grounds that they are unconstitutional. These opponents argue that non-party members should not be allowed to choose party candidates, since this contradicts a Supreme Court-articulated "freedom to engage in association for the advancement of beliefs and ideas," or, in a larger sense, it violates freedom of speech.
Opposition on Strategic Grounds
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Another objection to open primaries is the notion that members of one party can mobilize as quasi-independents to vote in the opposing party's primary. In this way, opponents could attempt to decide the opposition candidate for the general election.
Changing Policy
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States have the freedom to change their election policies. Citizens or political entities may petition their state legislature to enact a change in primary election laws.
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