Registering and Voting as an Independent

Part 1: 7 Critical Swing States

The Big Picture

Ahh democracy. Coupled with federalism, we get the laboratory of democracy that is the 50 states. Fifty states means fifty different ways of doing something. In the best-case scenario, this yields experimentation and the sharing of best practices; see the myriad of interstate compacts facilitated by the Council of State Governments. In the worst-case scenario, this yields complicated infighting between states and inoperable systems; see the reaction to the Electronic Registration Information Center (ERIC) for keeping state voter rolls up to date.

Voting and voter registration, aside from the ERIC controversy, often fall somewhere in between. Many states observe how others operate and have adopted some of those policies. Others have responded, especially due to partisan pressures.

In general, states with open primary elections are more accessible for independents. Open primaries allow any voter, regardless of political affiliation, to participate in the primary of their choice. Closed primaries restrict voting to registered members of the party. Some states, such as Arizona and North Carolina, implement semi-open primaries, enabling unaffiliated voters to vote in the primary they prefer. However, registered party members can only vote in the primary for their registered party.

Zooming In

Arizona

Arizona's open primary system allows registered independent and unaffiliated voters to participate in State Primary Elections for officially recognized political parties. However, presidential preference primaries are closed to independent voters. Arizona does not allow election-day registration. Registration forms must be submitted at least 29 days before an election. Arizona features an online voter registration portal and provides options to mail in registration forms or register in person at the local county elections office. Finally, similar to the next state in this series, Arizona does not permit excuse absentee voting.

Georgia

Georgia is one of the more accessible states for independent voters. The state’s open primary system allows any registered voter to choose which party's ballot they want when requesting it—whether on Election Day, absentee by mail, or absentee in person during early voting. Voters can select from Republican, Democrat, or independent ballots. Additionally, Georgia has no-excuse absentee voting and offers 21 days of early voting. This means that every voter can vote early or by mail without needing to certify that they meet specific requirements, such as age or being out of their precinct during polling hours.

Michigan

Like Georgia, Michigan has an open primary and does not require party registration. This state also makes it easy for independents to vote according to their conscience. Even more accommodating than Arizona and Georgia, Michigan permits voter registration up to and including election day. Voters can register online, by mail, or in person up to 15 days before an election. If registering 14 days or less before the election, it must be done in person.

Nevada

Unfortunately for independents in Nevada, the situation is not as favorable. Nevada has a closed primary system, meaning that independents must register with a major party before the election to vote in a partisan primary. Otherwise, the independent ballot will include only nonpartisan elections. Like Michigan, Nevada allows voters to register on election day. A unique feature of Nevada’s election system is that the default method of voting is by mail. This doesn't mean in-person voting is unavailable; however, voters must either spoil their mailed ballot or opt out of receiving mailed absentee ballots to vote in person.

North Carolina

North Carolina, similar to Arizona, has a primary that is open to unaffiliated voters but closed to anyone with a partisan registration. Generally, North Carolina is not very welcoming to voters who prefer not to vote in person. The state does not offer excuse absentee voting. However, any absentee mail-in ballot must have two witnesses or be certified by a notary public who witnessed the voter mark their ballot. Like Georgia and Arizona, voters must register before an election; in North Carolina, this requires registration at least 25 days prior to the election.

Pennsylvania

Primaries in Pennsylvania are closed, similar to Nevada. Independent voters must register as partisans if they want to take part in any party primary. Like several other states mentioned, Pennsylvania does not offer no-excuse absentee voting. Confusingly, the early voting option is referred to as On-Demand mail ballot voting. Voters need to be registered no later than 15 days before an election.

Wisconsin

Like several previous states, Wisconsin has open primaries. Independent voters do not need to register as partisan and can decide at the last minute which primary ballot to select as they approach their voting location. Wisconsin does not offer no-excuse absentee voting. Early voting occurs for two weeks before election day and ends on the Friday before the election. Mail-in ballots must have a witness signature, but only one is required, and there is no need for a notary as in North Carolina. Wisconsin does not allow election day registration; voters must register at least 20 days before the election and must have lived at their address for at least 28 days by election day.

Independent Lens

Voting can be challenging for American independents. Some states are hostile towards independent voters, excluding them from primary elections unless they regularly update their party registration to fit their voting needs each election. Other states make it easy by not requiring party registration and offering completely open primaries. Some states allow same-day voter registration, while others may require registration 30 days or more before the election.

Although these battleground states have no excuses for absentee voting, other states do require voters to meet specific criteria like age, disability, or proof of eligibility. The voter will be absent from their precinct or otherwise unable to vote at their precinct on election day. That said, if independents want to challenge the incumbent duopoly, they will continually face hurdles that this duopoly has put in place.