Feb.12
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There Are Several Types of Primaries

Primary season is upon us, so let us note that different states have different rules about their primaries. In fact some states have different rules for state and congressional primaries vs. presidential primaries. Here is the official list from the National Conference of State Legislatures. It has all the details, with 50 footnotes if you want to get down in the weeds.

Most states fall into one of seven categories, as follows:

  1. Closed: Only Democrats vote in the Democratic primary; only Republicans vote in the Republican primary
  2. Semiclosed: Like closed except the parties can allow independents to vote in their primary
  3. Semiopen: Voters may choose either ballot on Primary Day and that registers them with that party
  4. Open for independents: Unaffiliated voters may choose either ballot; partisans must stick with their party
  5. Open: All voters may choose either ballot on Primary Day but it does not register them
  6. Top two: All candidates are on the same list and the top two advance to the general election
  7. Top four: All candidates are on the same list and the top four advance to the ranked-choice general election

Columns two through eight below indicate which category a state is in (or, which one it comes closest to fitting). The last column is "Yes" if the presidential primary follows the same rules as the state and congressional primaries. A "No" means the rules for presidential primaries are different. Here are the basic principles for each state for state and congressional primaries.

State Closed Semiclosed Semiopen Open for inds. Open Top two Top four Pres, too?
Alabama        
X
    Yes
Alaska            
X
No
Arizona      
X
      No
Arkansas        
X
    Yes
California          
X
  No
Colorado      
X
      Yes
Connecticut  
X
          No
Delaware
X
            Yes
Florida
X
            Yes
Georgia        
X
    Yes
Hawaii        
X
    No
Idaho  
X
          Yes
Illinois    
X
        Yes
Indiana    
X
        Yes
Iowa    
X
        Yes
Kansas  
X
          No
Kentucky
X
            Yes
Louisiana          
X
  No
Maine      
X
      No
Maryland  
X
          Yes
Massachusetts      
X
      Yes
Michigan        
X
    No
Minnesota        
X
    Yes
Mississippi        
X
    Yes
Missouri
X (R)
X (D)
           Yes
Montana        
X
    Yes
Nebraska          
X
  No
Nevada
X
            Yes
New Hampshire      
X
      Yes
New Jersey  
X
          No
New Mexico
X
            Yes
New York
X
            Yes
North Carolina      
X
      Yes
North Dakota        
X
    No
Ohio    
X
        Yes
Oklahoma  
X
          Yes
Oregon  
X
          Yes
Pennsylvania
X
            Yes
Rhode Island      
X
      Yes
South Carolina        
X
    Yes
South Dakota  
X
          Yes
Tennessee        
X
    Yes
Texas        
X
    Yes
Utah  
X
          Yes
Vermont        
X
    Yes
Virginia        
X
    Yes
Washington          
X
  No
West Virginia  
X
          Yes
Wisconsin        
X
    Yes
Wyoming
X
            Yes

The (semi)open primaries open the opportunity for ratf**king. For example, in Montana, it is clear that three-term senator Jon Tester will be the Democratic nominee. So far, no one else besides Tester has even filed to enter the Democratic senatorial primary in Montana, although the filing deadline is March 11. If Tester is the only candidate and he gets at least one vote (for example, his own) he will be the Democratic nominee.

However, it is not out of the question that some Democratic-aligned group could decide to engage in some shenanigans. It could urge Democrats to simply ask for a Republican ballot on Primary Day and vote for Matt Rosendale, since he is by far the easier candidate to beat. That also means they can't vote for Joe Biden, but Primary Day in Montana is June 4, so by then Biden will have locked the nomination up. It is unlikely that the Montana Democratic Party would want to be caught red-handed doing this, but some outside group could take the lead. There is nothing illegal about buying ads or sending out flyers telling Democrats and independents that they are allowed to vote in the Republican primary and that voting for Rosendale will help Tester. The campaign will come out, of course, but if there is a Montana super PAC called "Citizens for Montana" with unknown funders, then so what? (V)


This item appeared on www.electoral-vote.com. Read it Monday through Friday for political and election news, Saturday for answers to reader's questions, and Sunday for letters from readers.

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