Litigation

Left to right: Matt Fontana, Partner at Faegre Drinker; Shanin Specter, Founding Partner at Kline & Specter; David Thornburgh, Chair of Ballot PA Action; Michael Smerconish, Radio Host and Television Presenter; and Jeremy Gruber, Senior Vice President at Open Primaries

On July 15, 2025, Ballot PA Action led a legal challenge to petition directly to the Pennsylvania Supreme Court (a "King’s Bench" case), challenging Pennsylvania’s closed primary law. We believe that every voter — including those registered as independent, unaffiliated, or with a third party — deserves the right to participate in primary elections.

The Court declined to hear the case on an expedited basis on August 25, 2025. However, the Court order was not a ruling on the "merits" of the issue of closed primaries, and we continue to assess possible next steps in consultation with our legal and key partners.

Key Legal Filings