An Anne Arundel County Circuit Court judge has dismissed a lawsuit from a group of unaffiliated voters who argued that Maryland’s closed primary elections violate their voting rights. The ruling relies on long-standing case law that gives political parties the authority to decide who may vote in their primaries.
According to Maryland Matters, Judge Pamela Alban issued the decision last week. She wrote that Maryland’s Constitution protects the right to vote in state elections, but it does not create a right to take part in a party’s primary without joining that party.
The voters tried to separate their claims from two earlier Maryland Supreme Court cases, Hennegan v. Geartner (1946) and Suessmann v. Lamone (2004).
Those decisions upheld closed primaries and made clear that residents cannot demand access to a party’s nomination process unless they affiliate with that party. Alban didn’t buy the distinction.
“Plaintiffs’ constitutional claims fall squarely within the scope of the holdings in Suessmann and Hennegan,” she wrote. “They assert rights that, under Maryland law, they do not possess.”
The lawsuit, filed in May, drew a motion to dismiss from the Maryland State Board of Elections. During an October hearing, Alban agreed the voters had standing but questioned the strength of their arguments. Last week’s ruling followed that same direction and ended the case at the trial court level.
Maryland is one of 18 states with closed or partially closed primaries, according to the National Conference of State Legislatures. The appeal now heads to the appellate courts, where judges will decide whether to revisit — or reaffirm — Maryland’s long-settled approach to primary access.
MACo Winter Conference Session: Elections at Work — Local Leadership, Modern Challenges
Counties administer and fund elections at the local level, overseeing polling places and coordinating election judges and staff every two years. Local boards of elections work hard to ensure elections are accurate, safe, and accessible. Local boards of elections face rising pressure heading into 2026. Recruiting election judges, managing early voting sites, meeting new procedural demands, and countering false information all strain staff and resources.
At this year’s MACo Winter Conference, an expert panel will walk county leaders through the significant challenges ahead and outline practical steps to strengthen operations before the next cycle.
MACo’s Winter Conference, “Local Leadership, Lasting Impact: Shaping What’s Next,” will be held at the Hyatt Regency Chesapeake Bay Hotel in Cambridge, MD, on December 10-12, 2025.
Learn more about MACo’s Winter Conference:
- Attendee Registration Guide – PLEASE READ! (new registration system)
- Attendee Brochure (with full schedule)
- Exhibitor Registration Guide – PLEASE READ! (new registration system)
- 2024 Winter Conference Photos (see what it’s like!)
- Questions? Contact Virginia White
