Taxation without representation: PA’s closed primaries
- Amy Ruffo
- Apr 30
- 4 min read
Updated: May 1
Apr 30, 2025
More than 1 in 7 Pennsylvania voters have no say in choosing candidates for most PA general elections. That’s because Pennsylvania is one of just ten states that run closed primaries. That means only registered Republicans can vote on the GOP primary ballot, and only registered Democrats can vote on the Democratic ballot. Voters registered as Green, Libertarian, None (no affiliation), and Other can vote in general elections but not in the primary, despite the fact that the primary is funded by all PA taxpayers. Each primary election costs millions of taxpayer dollars. Voters barred from primaries help to pay the costs without the benefit of participating.
The election code is out of step with voter sentiments
Closed primaries became law in the act of June 3, 1937 known as the Pennsylvania Election Code. Historically, most voters have registered with one of the two major parties, but the number of unaffiliated voters has been growing. By early 2025, more than 1.4 million PA voters were registered as None (“independent”), Other, or third party — 16% of registered voters. An August 2024 poll of Pennsylvanians by Franklin & Marshall's Center for Public Opinion and Research found that:
Three in four (77%) registered voters favor open primary elections that allow registered independent voters to participate in the primary election of their choice.
Nearly a third (31%) of voters said that allowing independents to vote in open primaries would make them likely to change their party registration.
Denying the voices of over 1 million voters
Voters not registered with the two major parties have no realistic say in which candidates will appear on the general ballot in November. According to the Committee of Seventy, closed primaries guarantee that:
fewer voters participate, elections are less competitive and, ultimately, political polarization is reinforced, contributing to legislative gridlock and hampering good governance.
Former Pennsylvania governors from both major parties signed an endorsement of the effort to repeal closed primaries. The 2023 endorsement letter signed by Governors Ridge (1995–2001), Schweiker (2001–2003), Rendell (2003–2011), Corbett (2011–2015) and Wolf (2015–2023) states:
Primary elections are often decided by a few more extreme voters. Candidates elected by those more extreme voters don’t have as much incentive to engage in the compromise and give and take that is so essential to effective governing. Adding independent voters to the primary mix will help. . . .
We also believe that opening primary elections will help build both political parties. By inviting independent voters into party primary elections, it's giving them a chance to “try before you buy.” Both political parties have seen dramatic declines over the past 20 years, while independent voters are the fastest growing segment of the voting population. Why wouldn’t we want to invite them in?
Stalled legislation, frustrated voters
For years, legislation to repeal closed primaries has stalled in the PA General Assembly. In the 2019–2020 session, Senate Majority Leader Joe Scarnati’s Senate Bill 300 passed in the Senate with a 42 to 8 vote but was ignored by House GOP leadership. In May 2021, Republican Senator Dan Laughlin introduced Senate Bill 690; Republican Representative Christopher Quinn introduced House Bill 1369. The House State Government Committee held a public hearing in August 2022. Nine witnesses expressed strong support for HB 1369 and an end to closed primaries. None opposed it. But despite bipartisan support and public interest, neither bill moved out of committee.
Among the bills to repeal closed primaries in the 2023–2024 session were House Bill 976, House Bill 979, and Senate Bill 400, all introduced in April 2023. In June 2023, the House State Government Committee held another public hearing, and heard from 9 witnesses in favor of repealing closed primaries and no witnesses against it. Both House bills were then voted out of committee but were never given a vote on the House floor. Senate Bill 400 had a Republican and a Democratic prime sponsor, Senators Laughlin and Boscola, and a total of 16 co-sponsors: 10 Democrats, 6 Republicans. This bill was ignored by the Senate State Government Committee. All three bills died at the end of the session, 19 months after introduction.
Efforts to repeal closed primaries continue
On January 22, 2025, Representatives Solomon, Kenyatta, and Rabb introduced House Bill 280. On April 30, 2025, Senators Laughlin(R) and Boscola (D) reintroduced their Senate Bill 400 from last session with a total of 13 sponsors, 6 Republicans and 7 Democrats. To quote Pennsylvania’s former governors:
Nothing is more fundamental to our democratic republic than the right to vote. Over the years, people have marched, protested, petitioned their elected officials, and even laid down their lives to make sure that voting is free, fair, and secure for all citizens. Plus, it is what the voters want. Repealing closed primaries enjoys remarkable support, with 74% of all Pennsylvania voters in favor. That includes strong majorities from across the political spectrum. . . .
Pennsylvania’s independent voters aren’t looking for favors, just fairness. As taxpayers, these independent voters help pay the roughly $50 million it costs to run a primary election – and yet they are denied the right to cast a vote. This is surely taxation without representation.
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