Primary Election Law & Legal Definition
The U.S. Constitution guarantees the right to hold elections, but the method and place are left to the states, with Congress having the power to alter their regulations. Political candidates are usually chosen by delegate convention, direct primary, nonpartisan primaries, or petition. The candidate who receives the most votes is usually elected, but an absolute majority may be required. A primary election is one in which the candidates for a particular office are chosen. After the preliminary primary election, a general election is held to fill the office with one of the candidates chosen in the primary election.
An open primary is a primary election in which voters may cast votes on a ballot of any party. This is different from a closed primary, in which voters are limited by party affiliation. A blanket primary, is a variation of the open primary system, but very few states use it. A voter receives a “blanket” ballot which allows him or her to vote for any candidate from any party. In a closed primary, a Democratic voter receives a Democratic ballot, a Republican voter receives a Republican ballot, and so forth. In an open primary, a voter may request a ballot from any political party, regardlessof his or her personal party affiliation.
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