Davis, Agnor, Rapaport & Skalny and Open Primaries Education Fund call on Governor to
resolve challenge to taxpayer-funded primary elections that exclude nearly one million
Maryland voters
(COLUMBIA, MD – April 29, 2026) – Davis, Agnor, Rapaport & Skalny, LLC (“DARS”), in conjunction with Open Primaries Education Fund, today called on Governor Wes Moore to help resolve the pending constitutional challenge to Maryland’s closed primary election system after the Governor publicly expressed support for open primaries during a recent appearance on Real Time with Bill Maher. A clip of the Governor’s remarks is available here: https://www.youtube.com/watch?v=rzOeP1ieU7s.
The case, filed by DARS on behalf of five Unaffiliated Maryland voters, challenges the State’s use of public funds to administer partisan primary elections that exclude nearly one million Maryland citizens from participating. The Complaint alleges that Maryland’s closed primary system violates Article 1, Section 1 of the Maryland Constitution by denying duly registered Unaffiliated (often referred to as Independents) voters their fundamental right to
vote in elections funded and administered by the State.
Now, after Governor Moore’s public endorsement of open primaries, the Plaintiffs and their counsel say the State has an opportunity to resolve the case in a way that aligns with the Governor’s stated support for broader voter participation. “Governor Moore said the right thing. Now Maryland has an opportunity to do the right
thing,” says former Lt. Governor Boyd K. Rutherford, DARS counsel for the Plaintiffs. “Nearly one million Marylanders are shut out from voting despite the express language of the Maryland Constitution and the Declaration of Rights. That is not a partisan issue. It is an issue of voting rights.”
The lawsuit, Bryson, et al. v. Moore, et al., was filed in the Circuit Court for Anne Arundel County against the Maryland State Board of Elections and other State officials in their official capacities, including Governor Moore. The case is currently before the Appellate Court of Maryland.
The Plaintiffs are not asking the Court to force political parties to associate with voters they do not wish to include. Rather, the lawsuit seeks to prevent the State from funding closed primary elections that exclude Unaffiliated voters from participation.
“We appreciate Governor Moore’s recent comments supporting open primaries,” Rutherford states. “This case gives the Governor a direct opportunity to match his public position with constructive action. He can work with the parties to settle this case. He can issue an Executive Order mandating no State funds to be utilized to conduct, organize, or manage any primary election that denies Unaffiliated voters their right to participate.”
As Governor Moore pointed out in his interview, after factoring in the impact of Gerrymandering, by the time Unaffiliated/Independent voters can vote in the General Election, the race has been decided. In most of Maryland, the primary elections determine the outcome of the General Election.
The Governor acknowledged that the current system has created a situation where “more and more people are disenfranchised; more and more people are taken out of the process.” In Maryland, Unaffiliated voters represent nearly 25% of registered voters, nearly 1 million Marylanders, as the Governor said, are being “disenfranchised”.
Maryland’s Unaffiliated voters are one of the fastest-growing segments of the electorate. In many Maryland jurisdictions, the primary election effectively determines the outcome of the general election, meaning Unaffiliated voters are excluded from the election that often matters most.
DARS and Open Primaries Education Fund emphasized that the call for resolution is not partisan and is not intended to create political conflict with the current administration. To the contrary, they say Governor Moore’s comments create an opening for Maryland to lead. “Open primaries are not about helping one party or hurting another,” said Jeremy Gruber, Senior Vice President of the Open Primaries Education Fund. “They are about ending a system in which Independent and Unaffiliated voters are treated like second-class citizens
in elections their tax dollars help fund. Governor Moore’s comments show that he understands the problem. The next step is to stop defending that problem in court and work with us to find a resolution that allows all Maryland voters to vote.”
The original Complaint was filed on behalf of Serena Bryson of Prince George’s County, Kimberle Fields of St. Mary’s County, Amber Ivey of Baltimore City, Robert Sartwell of Anne Arundel County, and Dona J. Sauerburger of Anne Arundel County. Joining Rutherford as counsel for the Plaintiffs are Michael W. Davis, Eric W. Gunderson, and Hannah L. Martinson.
“This is exactly the kind of case that deserves public attention,” says Paul G. Skalny, Attorney and Managing Director of DARS. “Nearly one million Maryland voters are being asked to fund elections they cannot fully participate in. That should trouble anyone who believes in fair elections, regardless of party. Governor Moore’s recent remarks create a real opportunity to move Maryland toward a more inclusive system.”
The Plaintiffs are calling on Governor Moore and the State to work toward a resolution that ends the public funding of closed primary elections unless Unaffiliated voters are given a meaningful opportunity to participate.
“At its heart, this case is about voting rights,” Rutherford adds. “Marylanders who register as Unaffiliated do not surrender their voice in publicly funded elections. We welcome the Governor’s recent comments, and we believe there is now a meaningful opportunity to resolve this case in a way that expands participation, respects the Maryland Constitution, and strengthens confidence in Maryland’s elections.”
Related Materials
Governor Moore’s remarks on open primaries:
January 2026 case update from DARS: https://www.darslaw.com/news/open-primaries-
voting-rights-case-where-are-we-now/
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About Davis, Agnor, Rapaport & Skalny, LLC
As a leading law firm in the Baltimore–Washington region, Davis, Agnor, Rapaport & Skalny,
LLC partners with businesses and non-profit organizations, as well as individuals and
families, to protect clients’ interests, solve problems, and create strategic opportunities to
help them thrive. Driven by a deep commitment to its core values, the firm blends big-firm
sophistication and expertise with smaller-firm creativity and attention.
The firm’s practice areas include Business & Transactional; Mergers & Acquisitions; Labor
& Employment; Real Estate; Estate Planning; Commercial Litigation; Government Relations
& Lobbying; Intellectual Property; Taxation; Health Care; Commercial Banking; and Non-
Profit Organizations.
For more information, visit www.darslaw.com.
About the Open Primaries Education Fund
The Open Primaries Education Fund is a national non-profit organization that conducts
research, advances litigation, and educates the public and policymakers on electoral
reform.
For more information, visit https://openprimarieseducationfund.org/.
