The right to vote
The primary decides most races in New York. Keeping qualified voters out of it keeps them from voting.
Legal work
Reform written into law, and defended in court.
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The Independent Voter Project authors election reform laws, passes them at the ballot, and defends them in court.
The Independent Voter Project wrote California's Proposition 14, the Top-Two primary passed in 2010, and San Diego's Measure K, passed in 2016 with 58.6% of the vote. It has filed and defended cases in New Jersey, California, Florida, and New York, and defeated two federal challenges to the Top-Two.
What is Rieckhoff v. Berger?
It is IVP's federal lawsuit against New York's closed primaries. Filed October 1, 2026 in the U.S. District Court for the Southern District of New York, it was brought by two combat veterans, Paul Rieckhoff and Kristen Rouse, with IVP and Independent Veterans of America as co-plaintiffs. IVP is also lead counsel. The rules at issue bar 3,187,610 registered voters, 25.4% of the electorate. No political party is a defendant.
The legal theory in four parts
The right not to join
The Constitution protects a party's right to exclude non-members, and equally protects a voter's right not to join.
No forced public affiliation
New York requires a party affiliation by February 14, on a public record the state publishes and sells.
Equal protection
Enrolled and unenrolled voters are equally qualified citizens, yet only one group receives a ballot.
How does IVP make reform last?
- Author the legislation with constitutional backing from day one.
- Pass it by building coalitions and winning at the ballot.
- Defend it when opponents sue.
- Expand the precedent so the next state can build on it.
Timeline of legal work
- 2010Proposition 14, California Top-Two primary, authored by IVP and passed by voters.
- 2012Boden v. Secretary of State: won.
- 2014Rubin v. Bowen: won, defending the Top-Two.
- 2014Balsam v. Guadagno: New Jersey closed primaries challenged; writ filed to the U.S. Supreme Court.
- 2016San Diego Measure K passes with 58.6% of the vote.
- 2019Boydston v. Padilla: California presidential primaries challenged; writ filed to the U.S. Supreme Court.
- 2026Rieckhoff v. Berger filed October 1 in the Southern District of New York.
Support the legal fight for open primaries
New York voters can sign a declaration supporting the case. Everyone can sign the open primaries petition or donate to fund litigation. Learn more about open primaries and which states still run closed primaries.
Common questions
- What lawsuits has IVP brought?
- IVP has filed and defended cases in New Jersey, California, Florida, and New York. They include Balsam v. Guadagno over New Jersey closed primaries, Boydston v. Padilla over California presidential primaries, Polelle v. Florida, and Rieckhoff v. Berger, filed in 2026 against New York closed primaries. IVP also defeated two federal challenges to the Top-Two.
- Did IVP write California's Top-Two primary?
- Yes. IVP authored Proposition 14, which California voters passed in 2010. It replaced closed partisan primaries with a single nonpartisan ballot where the top two finishers advance regardless of party. Nearly 40 million Californians now take part in a primary that does not require party membership.
- Can independents vote in New York primaries?
- No. New York runs closed primaries, so only voters enrolled in a party may vote in that party's primary. IVP filed Rieckhoff v. Berger in the U.S. District Court for the Southern District of New York on October 1, 2026, challenging rules that bar 3,187,610 registered voters, 25.4% of the electorate, from primaries.
- How can New York voters get involved in the closed primary lawsuit?
- New York voters who feel closed primaries have violated their voting rights can sign a declaration telling their story in support of Rieckhoff v. Berger. It takes about five minutes, in your own words. Start from IVP's Take Action page or its New York case page.
- What did Maine voters decide about Super PACs?
- In 2023, Maine voters passed Question 1, capping donations to Super PACs at $5,000. 74.9% of Maine voters said yes, nearly 3 to 1 support. FIVE, the Foundation for Independent Voter Education, is defending the law in court against legal challenges from opposition groups.
Start with open primaries.
Signing the open primaries petition takes about 30 seconds. Then explore More Choice Voting, the reform that builds on it.