Title: Lawsuit Challenges Taxpayer Funding of Closed Maryland Primary Elections
In a significant legal move, five politically unaffiliated Maryland voters have filed a lawsuit against the state Board of Elections, asserting that taxpayer funding of closed primary elections infringes upon their constitutional rights. Under Maryland’s current primary system, nearly one million unaffiliated voters, along with those from the Green Party and Libertarian Party, can only participate in major party primaries with the respective party’s consent.
The lawsuit was initiated following a recent special primary election in Prince George’s County, which cost taxpayers an estimated $2 million. Representing the plaintiffs is Boyd Rutherford, former lieutenant governor of Maryland and an attorney, who emphasized that the suit aims to prevent the state from financing elections that effectively exclude unaffiliated voters. "It’s ultimately a question of suffrage," Rutherford stated, clarifying that they aren’t seeking to force parties to allow unaffiliated voters in primaries, but rather to challenge the funding of such elections.
The legal complaint argues that the current system violates Article 1, Section 1 of Maryland’s state constitution, which entitles every qualified citizen to vote in elections where they reside. Additionally, it claims violations of Articles 7 and 24 regarding Free Elections and Equal Protection. The lawsuit was filed in the Circuit Court of Anne Arundel County, with support from the Open Primaries Education Fund.
As of April 2025, there are approximately 957,228 registered unaffiliated voters in Maryland, reflecting a significant increase. The Democratic Party dominates with about 2.2 million registered voters, compared to 1 million Republicans. This growing demographic demands attention, with advocates arguing that excluding nearly a million voters jeopardizes democratic principles.
As the case unfolds, the implications for Maryland’s electoral process and the treatment of independent voters remain to be seen.
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