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Independent Voters File Lawsuit to End Pa. Closed Primary Elections

Plaintiffs argue Pennsylvania's closed primary law dilutes 1.4 million independent voters' influence, violating the state Constitution's Free and Equal Elections Clause.

  • On Wednesday, Dec. 10 five independent voters including Michael Smerconish filed a lawsuit in Commonwealth Court to end Section 2812 of the Pennsylvania Election Code, which restricts primaries to party members.
  • Plaintiffs contend the law violates the Free and Equal Elections Clause by denying 1.4 million independent or minor-party Pennsylvanians equal voting power, calling them second-class citizens for 88 years.
  • Carnegie Mellon analysis found Wesley Pegden measured `voter influence` in election data from 2002–2020 and saw partisans' median influence nearly double that of independents in state legislative and local races.
  • The petitioners are represented by Kline & Specter with co-counsel Faegre Drinker Biddle & Reath, and Shanin Specter said `Our current law disenfranchises independent voters`.
  • Pennsylvania, state with closed primaries, is one of between nine and 11 states with closed primaries, and Rep. Jared Solomon, D-Philadelphia, has a House bill to let unaffiliated voters pick a major party primary.
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Independent voters file lawsuit to end Pa. closed primary elections

By Peter Hall A group of five independent voters including political commentator Michael Smerconish have filed a lawsuit asking a Pennsylvania court to end a state law prohibiting independent voters from participating in primary elections. Under Section 2812 of the Election Code, people who are not registered as members of the two major political parties cannot vote in partisan primaries. The group, which also includes David Thornburgh, chairman…

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The Indiana Gazette Online broke the news in Indiana, United States on Wednesday, December 10, 2025.
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