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By Kate Huangpu | Spotlight PA

Despite their growing numbers, 1.4 million independent and third-party Pennsylvania voters won’t be able to help decide which candidates advance to the general election during the upcoming May 20 primaries.

As of late April, Bucks County had 192,610 Democratic voters, 202,436 Republicans, and 84,399 who are no affiliation, according to the Pennsylvania Department of State.

Pennsylvania is one of just 10 states with a closed primary system. That means only registered Democrats and Republicans participate in their respective parties’ spring elections. People who don’t belong to a major party can still vote on statewide referenda, local initiatives, and special elections that are on the ballot at the same time.

Some good-government advocates want Pennsylvania to open its primary system, arguing that voters who aren’t registered with a major party still pay taxes that fund elections, and the current system effectively disenfranchises them for opting out of partisan politics.

Shortly before the legislative session ended last year, the Democratic-controlled state House passed a bill with bipartisan support that would have opened partisan primary elections to unaffiliated voters.

However, chamber leadership hasn’t committed to bringing a similar measure up for a vote again this year. Republicans who control the state Senate have been similarly noncommittal about backing such a change.

At least one legislative supporter believes neither major party’s leadership is truly committed to open primaries, arguing they are more concerned about maintaining control of their chambers.

Over the past decade, the number of voters registered as independent or other has grown by more than 308,000 people, according to state voter registration archives. Some of the biggest growth has occurred in the southeast and south-central parts of the state.

Lara Putnam, a historian at the University of Pittsburgh who studies election data, believes at least part of the shift is due to a 2023 policy change in which people are automatically prompted to update their voter registration at the DMV.

David Thornburgh, chair of the pro-open primary group Ballot PA, believes letting independent and third-party voters participate in primaries could mitigate extremism and decrease hyperpartisanship.

He also thinks limiting voter participation in odd-year elections is “particularly egregious.” Candidates for local offices like school board and judge often cross-file, meaning they appear on both the Democratic and Republican primary ballots.

“That seems to be indicating that this should not be partisan,” Thornburgh, the son of the late Republican Gov. Dick Thornburgh, told Spotlight PA.

In areas with a strong partisan lean, some races, like those for state legislature, are effectively decided during the primary. Thornburgh says that shuts out unaffiliated and third-party voters. He pointed to this year’s mayoral race in Pittsburgh, where “most folks assume whoever wins the Democratic [primary] will win the election,” even though two Republicans are vying for the office.

These reasons were echoed by five of Pennsylvania’s most recent governors in a 2023 letter endorsing open primaries.

Opponents note that anyone in Pennsylvania concerned about being shut out of the process can change their registration before a primary and then change it back before the general election.

Legislative future

This legislative session, two bills have been introduced to open the primary system, one in each chamber.

In the state House, Rep. Jared Solomon (D., Philadelphia) has reintroduced a bill that would allow unaffiliated voters to participate in either the Democratic or Republican primary. The bill would require that a voter sign a certificate verifying their choice of ballot.

Solomon said voters who are registered to third parties would not be allowed to participate in primary elections under his bill.

“You’ve made a call, you’ve made a decision,” Solomon said. “So we’re going to keep you in that particular lane.”

To advance, Solomon’s bill needs to pass the chamber’s State Government Committee. Its chair, state Rep. Carol Hill-Evans (D., York), declined to comment and deferred to House Majority Leader Matt Bradford (D., Montgomery).

A spokesperson for Bradford did not commit to running the bill, instead saying that the caucus is “open to considering any election reforms that make it easier for voters to cast a ballot and are reviewing the bill.”

In the state Senate, Sen. Lisa Boscola (D., Lehigh) was a co-sponsor on a similar bill last session, and she and a Republican colleague plan to reintroduce it this year. The bill would allow independent voters to choose candidates from either major party’s primary, but would not allow them to vote for party officers or party committee members. It also would not allow third-party voters to participate in primary elections.

Like the state House legislation, Boscola’s bill needs to pass her chamber’s State Government Committee to advance. Its chair, Cris Dush (R., Jefferson), told Spotlight PA in 2023 that he did not support last session’s measure. He declined to comment on whether he would call up the bill.

Republican leadership has also been noncommittal. A spokesperson for state Senate Majority Leader Joe Pittman (R., Indiana) said that the caucus was focused on “measures which uphold voter confidence and prioritize the integrity of the electoral process,” and called discussions surrounding open primaries “ongoing.”

Boscola was critical of both Democratic and Republican leadership, saying they lack the political will to advance a proposal that polling shows is popular with Pennsylvanians. Leaders want to keep control of their chambers, she said, and allowing independent voters to participate in primaries may shift election results in a way that changes the status quo.

“If you add independents into the mix, what’s that going to do for certain districts? So they look at that,” Boscola said of legislative leaders in both chambers. “In Harrisburg, maintaining control of your chamber is the most important thing.”

Despite these challenges, Thornburgh is optimistic about open primaries becoming a reality in Pennsylvania.

“The tide doesn’t come in all at once. It comes in bit by bit,” Thornburgh said. “It was a significant victory in the House. We think the tide is going to come in a little further.”

Implementation challenges

Even if lawmakers find a way to get an open primary bill to Democratic Gov. Josh Shapiro, implementing such a system would be a lot of work, county election directors have warned.

Thad Hall, election director of Mercer County, said that he would want at least a year’s notice to be able to properly prepare his poll workers for the change in procedure.

He said it would take time to train them to use pollbooks to mark which party’s ballot an independent voter chooses. Counties would also need to print significantly more ballots, he said.

Hall noted that he’s not against the change, but said it’s not high on his list of priorities for improving election policies. He’d rather have the legislature pass a bill that clarifies the state’s policy on requiring signatures on mail ballots or one that gives counties more time before Election Day to process mail ballots.

“I generally think that there are a million other problems on elections that are way more important than this one,” Hall said.

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