In May 2025, our firm filed suit on behalf of five plaintiffs across Maryland against the State Board of Elections, challenging the State’s closed primary elections as unconstitutional. The case (Bryson, et al. v. Moore, et al.) focused on protecting the voting rights of nearly one million unaffiliated voters, continues to move through the courts.
Background: A Brief Case History
In conjunction with the Open Primaries Education Fund, we filed the complaint to defend Maryland citizens’ constitutional right to vote in all elections. In October 2025, the Anne Arundel County Circuit Court dismissed the case, citing failure to state a claim upon which relief could be granted. While we respectfully disagree with the ruling, the dismissal allowed us to move the case to the appellate courts sooner than if the Circuit Court had retained it. From the outset, we and our clients understood that the ultimate resolution would rest with a higher court.
Recent Updates: Where Are We Now?
Following the dismissal, we filed a Notice of Appeal to the Appellate Court of Maryland. On Friday, January 9, 2026, we filed a Petition for Writ of Certiorari with the Supreme Court of Maryland, asking the Court to review the case. We argue that the plaintiffs stated a valid claim under the Maryland Constitution, which guarantees the right to vote “at all elections to be held in this State.”
The Circuit Court relied on an 80-year-old precedent rooted in 19th-century political party practices, long before the modern primary system existed. We maintain that the Supreme Court is best positioned to take a fresh look at that outdated case, which we argue was flawed in both logic and findings. Additionally, the Circuit Court did not consider more recent case law affirming that the state Constitution’s voting rights guarantees extend to primary elections.
Looking Ahead
We remain confident in the strength of our arguments and committed to defending the constitutional voting rights of Maryland citizens as this case continues through the appellate process.
Contact Us
To learn more about this case or our work advancing constitutional and election law issues, contact the Davis, Agnor, Rapaport & Skalny attorney with whom you typically work or a member of our Government Relations Practice Group.