They argued that allowing people who weren't party members to vote would harm their members' ability to choose candidates who best represent their views. Scalia said states could hold a nonpartisan blanket primary similar to Louisiana's, in which voters can choose any candidate and the top two vote-getters move on to the general election. But Justices John Paul Stevens and Ruth Bader Ginsburg focused on the public, rather than the private function of a state primary. In their dissenting opinion, Stevens wrote that the court was wrong to limit a state's power to broaden voter participation. Twenty states have open primaries that let voters choose on Election Day which party's primary they will vote in.
Voters can then select among that party's candidates only.
Thirteen states have closed primaries that allow only party members to vote in each party's primary. Another 13 states have closed primaries but also let independent voters cast ballots in at least one party's primary. He doesn't think it will be affected but does think the Legislature, working with the political parties, will need to change the current system. He said his staff will review the high court's ruling to determine the options open to the Legislature next year. Gary McIntosh, state elections supervisor, said the key will be to find a way to keep a voter's party affiliation secret and continue to allow independent voters to participate in primary elections.