The Maryland State Board of Elections has been sued by five politically unaffiliated voters, who say using taxpayer money to fund primary elections in which they can’t vote is unconstitutional.

In Maryland, the Democratic and Republican primary elections are “partially closed,” meaning unaffiliated, Green Party and Libertarian voters can only participate in primary elections with permission from the respective party.

The plaintiffs, Serena Bryson of Prince George’s County, Kimberle Fields of St. Mary’s County, Amber Ivey from Baltimore City, and Robert Sartwell and Dona Sauerburger, both from Anne Arundel County, claim they have been unconstitutionally denied their right to vote.

The plaintiffs are represented by Boyd Rutherford, a Republican, who spent two terms as former Gov. Larry Hogan’s lieutenant governor.

“We are not seeking to require the political parties to allow Unaffiliated voters to vote in partisan party elections,” Rutherford said in a statement. “This action is to prevent the state from funding these primaries that unconstitutionally exclude Unaffiliated voters.”

The suit said nearly one-quarter of voters in Maryland — approximately 950,000 people — are registered as unaffiliated. The number is up dramatically from 16% in 2012, which is commensurate with national trends.

According to Rutherford’s law firm, Davis, Agnor, Rapaport & Skalny, 37 states have open primaries.

In the past five years, Alaska, Colorado, Maine and New Mexico have switched to either open or semi-open primaries, as well as the cities of D.C. and St. Louis. New Mexico is the most recent, following the passage of a bipartisan reform bill granting more than 330,000 independent voters the right to vote in that state’s primary elections starting in 2026.

“Our aims in filing this complaint include increasing voter turnout and fighting for disenfranchised voters,” Rutherford said.

WTOP is seeking comment from the Maryland Board of Elections.