SB 38 PRIMARY ELECTION CHANGES

Sen Bill B. O'Neill

Actions: [1] SCC/SRC/SJC-SCC

Scheduled: Not Scheduled

 Senate Bill 38 (SB 38) relates to primary elections and allow voters who have not selected a party affiliation to vote in the primary election of any political party.   

 Senate Bill 38 (SB 38) makes changes to numerous sections of the Election Code to allow voters who have not selected a party affiliation to vote in a primary election, including a presidential primary election.  That voter must simply request the ballot of one of the parties participating in that election.  The voter’s certificate of registration will not be changed to reflect a new or different party affiliation unless the voter so requests.  A voter who has not selected a party affiliation may also request to vote by mail through an absentee ballot in a primary election.  

For a primary election, notice is sent to a voter who has not designated a party affiliation or has designated an affiliation with a party other than a major political party.  The notice informs the voters that they may choose to affiliate with a major political party participating in the primary election by returning the card and indicating which ballot they choose for the primary election or by logging on to the secretary of state’s website to indicate which major political party’s ballot they choose for the primary election.  

This bill is effective July 1, 2024.  
 

 Current law only allows those voters who have selected a party affiliation (i.e. Republican or Democrat) to vote in that party's primary election.