What rights do independent voters have?

Independent voters face many participatory rights and potential restrictions at the ballot box and in campaigns.

This covers inquiries related to participatory rights and potential restrictions faced by independent voters.

Can independent voters vote in primary elections?

Yes and no. Some states require partisan registration to participate in primary elections. Looking at you, Kentucky. Other states have completely open primaries and no ability to maintain a partisan registration. YAY, Georgia! Some states have partisan registration, BUT they allow non-affiliated voters to choose a primary they would like to participate in WITHOUT registering as a partisan. Thank you, Colorado. But if you are willing to register as a partisan and change that registration as you feel is necessary, you can vote anywhere as an independent, except in Indiana. Indiana's election code states: "A voter may vote at a primary election: (1) if the voter, at the last general election, voted for a majority of the regular nominees of the political party holding the primary election; or (2) if the voter did not vote at the last general election, but intends to vote at the next general election for a majority of the regular nominees of the political party holding the primary election; as long as the voter was registered as a voter at the last general election or has registered since then." Is it legally enforceable? No. But it is still on the books.

We've built a tool to help you determine what your state allows. Check out The Independent Center’s state-by-state guide for independent voters.

Do independent voters have less influence in elections?

Yes and No. Independents have more influence in many elections. Elections are getting tighter. There were 43 Congressional elections decided by 5% or less in 2024. Even using the most restrictive definition of “independent” voter suggests 9% of voters have no discernible partisan leanings. Independent Center data suggests the number of independent voters is somewhere in the 40s and climbing. Gallup recorded the number of self-identified independents at 51% -- twice. These voters often decide elections, especially in those 43 tight races. In a world where partisans and partisan lean are almost a 50/50 split, both sides will need to work hard to earn the independent vote to win.
Meanwhile, there are other elections where independents may not have as much influence. Take, for example, the statewide elections in Wyoming or Illinois. Both of these statewide voter bases are highly partisan, and Independents will have about as much influence as the minority party.

Can independent voters run for office?

Election laws differ by state, but the short of it is, independents can run for office anywhere. The most challenging aspect will be the difficulty for an independent to get on the ballot in any given state. Some states, such as Georgia, are notoriously challenging for ballot access. Others simply require a $50 filing fee and a few sheets of paperwork.
(Keep an eye on our state-by-state guide. We plan to add ballot access information soon).

What are the benefits of being an independent voter?

To borrow from Shirley Chisholm, we independents are unbought and unbossed. Independents are not beholden to a party structure that requires us to vote a party line or pretend to agree with the entire party platform. Instead, independents get to think for themselves and vote their values. Independents do not have a patronage-based party system; instead, the two-party duopoly must court independent voters. Try being an Obama Republican, a Regan Democrat, or a Republican Never Trumper. In this environment of constantly redefined purity tests, you can't be a Republican who voted for Obama or Biden. Consider the amount of criticism Rep. Marie Gluesenkamp Perez received when she voted against student loan forgiveness (see here and here for two examples). Stray a little bit from the party line, and the knives come out. Meanwhile, independents are free to think for themselves—no party boss to force them back in line.

What are the drawbacks of being an independent voter?

Well, to borrow from Kermit the Frog, it isn't easy being an independent. Neither of the two major parties like us, but they both need us to win elections. Unfortunately, in many states, this dislike of free thinkers leads to closed primaries and high hurdles for independent candidates to access the ballot. This regulatory environment often results in a nonchalant dismissal of an entire group of people, as it's often easier and cheaper to mobilize the base compared to engaging with independent voters.  

Back to Resources

State-by-State Guide

Click on the map below or select from the drop-down menu to learn more about primary election rules and how to register and vote as an independent in your state.
closed primaries
Wyoming

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closed primaries
Wyoming

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closed primaries
Tennessee

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closed primaries
Tennessee

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open primaries
Virginia

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open primaries
Virginia

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open primaries
Wisconsin

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open primaries
Wisconsin

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partially closed primaries
West Virginia

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partially closed primaries
West Virginia

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top-two primaries
Washington

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top-two primaries
Washington

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open primaries
Vermont

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open primaries
Vermont

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partially closed primaries
South Dakota

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partially closed primaries
South Dakota

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partially closed primaries
Utah

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partially closed primaries
Utah

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open primaries
Texas

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open primaries
Texas

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open primaries
South Carolina

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open primaries
South Carolina

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primaries open to unaffiliated
Rhode Island

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primaries open to unaffiliated
Rhode Island

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closed primaries
Pennsylvania

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closed primaries
Pennsylvania

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open primaries
Montana

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open primaries
Montana

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partially open primaries
Oregon

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partially open primaries
Oregon

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partially closed primaries
Oklahoma

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partially closed primaries
Oklahoma

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partially open primaries
Ohio

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partially open primaries
Ohio

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closed primaries
New York

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closed primaries
New York

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open primaries
North Dakota

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open primaries
North Dakota

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primaries open to unaffiliated
North Carolina

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primaries open to unaffiliated
North Carolina

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closed primaries
New Mexico

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closed primaries
New Mexico

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closed primaries
New Jersey

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closed primaries
New Jersey

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primaries open to unaffiliated
New Hampshire

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primaries open to unaffiliated
New Hampshire

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open primaries
Nebraska

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open primaries
Nebraska

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closed primaries
Nevada

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closed primaries
Nevada

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partially open primaries
Iowa

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partially open primaries
Iowa

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open primaries
Missouri

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open primaries
Missouri

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open primaries
Mississippi

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open primaries
Mississippi

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open primaries
Minnesota

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open primaries
Minnesota

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open primaries
Michigan

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open primaries
Michigan

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primaries open to unaffiliated
Massachusetts

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primaries open to unaffiliated
Massachusetts

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partially closed primaries
Maryland

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partially closed primaries
Maryland

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primaries open to unaffiliated
Maine

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primaries open to unaffiliated
Maine

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closed primaries
Kentucky

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closed primaries
Kentucky

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primaries open to unaffiliated
Louisiana

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primaries open to unaffiliated
Louisiana

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partially closed primaries
Kansas

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partially closed primaries
Kansas

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partially open primaries
Indiana

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partially open primaries
Indiana

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partially open primaries
Illinois

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partially open primaries
Illinois

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partially closed primaries
Idaho

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partially closed primaries
Idaho

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open primaries
Hawaii

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open primaries
Hawaii

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open primaries
Georgia

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open primaries
Georgia

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partially closed primaries
Connecticut

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partially closed primaries
Connecticut

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closed primaries
Florida

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closed primaries
Florida

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closed primaries
Delaware

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closed primaries
Delaware

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open primaries
Arkansas

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open primaries
Arkansas

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primaries open to unaffiliated
Colorado

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primaries open to unaffiliated
Colorado

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open primaries
Alabama

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open primaries
Alabama

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top-two primaries
California

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top-two primaries
California

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top-four primaries
Alaska

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top-four primaries
Alaska

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partially open primaries
Arizona

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partially open primaries
Arizona

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