Say What on Open Primary Elections in Maryland?

Last May, five unaffiliated Maryland voters working with the Open Primaries Education Fund filed a lawsuit challenging the current role of the Maryland state government in closed primary elections.  In their lawsuit, the plaintiffs acknowledged political parties may have the right to exclude citizens from their respective primary elections, but it is unconstitutional for the state to organize and pay for elections that exclude unaffiliated voters aka independent voters .

The lawsuit has been challenged and stalled with no end in sight after a county circuit court judge dismissed it last November. In that dismissal decision the judge ruled that political parties do have a right to exclude unaffiliated voters  from their primary elections. An appeal against that ruling has been filed with the Appellate Court of Maryland. Briefs are due this month, but no hearing date on those briefs has been set.

Recently the issue generated new attention based on an interview with Governor Wes Moore on HBO’s Real Time with Bill Maher. During that wide ranging interview, Moore was asked about his thoughts on open primary elections in Maryland.

Published reports on that interview include the following statements by Governor Moore:

•    I think the closed primary process has run its course.

•    You have a system where more and more people are disenfranchised, more and more people are taken out of the process, and so I think the whole idea of a closed primary is one that has to be reevaluated.

•    Because if you believe in democracy then let people’s voices be heard and don’t make them affiliate with a political party.

Supporters of open primaries in Maryland were excited to hear those remarks. Former Maryland Lt. Governor Boyd Rutherford who is a leader of the open primary movement in Maryland was quoted in Maryland Matters with ““Governor Moore said the right thing. Now Maryland has an opportunity to do the right thing,” Rutherford’s hopeful comments were premature and short lived.

After the Maher interview, a spokesperson for the governor said Moore was not calling for changes to Maryland’s closed primary system. In a written statement, the spokesperson wrote Moore’s remarks, were “mere musings when he was asked theoretically about closed vs. open primaries, and not a statement of intent to blow up the state’s party-controlled primary elections. He shared his personal observation that many voters no longer choose to affiliate with a political party and that voter participation could benefit from a broader conversation about how primaries are structured. Last, but not least, the spokesperson wrote, “He was not opining on Maryland’s closed primary system. The Governor supports the state’s current closed primary system and believes in working within it to expand participation.”

Interesting that the Governor‘s spokesperson wrote “mere musings” in her statement. The Cambridge English Dictionary defines musing as thinking deeply about an issue over time.That leads to at least two unanswered questions.

Were Governor Moore’s interview answers on closed primaries based on deep thinking over time? If not, why did he say them?

Political analyst John Dedie, teaches politics at the Community College of Baltimore County,

He has suggested Moore’s comments in his discussions with Bill Maher on open primaries in Maryland were not based on deep thinking over time.  Dedie suggests they were based more on politics since Moore is running for reelection in November and is widely expected to continue his vigorous pursuit for national office beyond then.

Dedie also suggests Moore’s remarks were aimed at voters in the upcoming gubernatorial election who support open primaries. Dedie has said bluntly, “I think it was more for show than for actual sincerity.” Dedie also said the idea of open primaries can be popular with voters and expressing support for them may help candidates appeal to those voters. “I think the reason he floated it out there is…you’re trying to reach moderate middle voters and a lot of voters who are looking at candidates might see an idea like that [open primaries] and say ‘that’s a good idea … Moore’s appealing now. I don’t think he’ll do anything to pursue it at all. I think it’s dead on arrival.”

Some may suggest Dedie’s assessment of Governor Moore’s pivot on open primaries reflects the thinking of a Republican operative or a less than a credible political analyst. Not so.

Dedie was a volunteer for former Democratic U.S. Senator Gary Hart’s U.S. presidential nomination campaign and ran for an alternate delegate supporting former Democratic U.S. Senator and former Vice President Al Gore for a U.S presidential nomination campaign. Media outlets who value and use Dedie’s political insights include the Sunday London Times, Baltimore Sun, Baltimore Banner, Washington Post, and the Washington Times.

Ultimately, no matter what Governor Moore said, did not say, or meant to say, in his recent interview on open primaries in Maryland, his positions may not be especially important.

Any open primary changes must first be approved in the Maryland General Assembly before Governor Moore can decide on approving, vetoing, or allowing those changes to become law without his signature. If he does veto them, the General Assembly can vote to override his veto, something which they have done 19 times so far in his first term.

Based on history, the prospects for all three outcomes is not likely any time soon, if ever.

For the last several years, approving any legislation on open primaries has yet to occur in the General Assembly. That said, legislative approval of some form of open primaries in Maryland is always possible. It could become more probable, but only if enough Maryland voters are energized and mobilized to support and demand some form of change in the current law.