In May, 2025, the Open Primaries Education Fund, in partnership with Davis, Agnor, Rapaport & Skalny, LLC, one of Maryland’s leading law firms, with lead attorney Boyd Rutherford filed a lawsuit in Maryland on behalf of five plaintiffs across the state against the Maryland State Board of Elections, challenging the State’s closed primary elections as unconstitutional.

21.6% of Marylanders have chosen not to affiliate with the Democrats or Republicans. The number of independents in our state has grown by 15% over the last four years.

The case is making waves, not only Maryland but the rest of the country with over a dozen publications carrying the story, including features in the Washington Post and The Baltimore Sun.

The Complaint, filed in the Circuit Court for Anne Arundel County, alleges that the MDSBE is denying Maryland citizens their fundamental right to vote, and seeks to stop the State from funding “closed” primary elections in violation of the Maryland Constitution.

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