A bill that would allow unaffiliated voters to change their party affiliation at the polls to vote in primary elections passed the Maryland House on Wednesday.

Currently, registered voters must change their party affiliation by the voter registration deadline, 21 days before the election. According to the Maryland State Board of Elections, unaffiliated voters generally cannot vote in a primary election unless they are registered with one of the two major political parties. This leaves unaffiliated voters with only the option to vote in nonpartisan primaries, such as local school board elections.

More than 23% of registered voters in Maryland are unaffiliated, according to February data from the Maryland State Board of Elections.

The bill, HB 156, would allow unaffiliated voters to change their voter registration to affiliate with a political party in person during early voting or on Election Day. It passed the House 110-26 and will next head to the Maryland Senate. When that will happen remains to be seen.

If approved by the entire Maryland General Assembly, the legislation would take effect in 2027, after this year’s midterm primaries.

“We’re trying to say to the unaffiliated voters, listen, we’re trying to give you every on-ramp possible to get engaged in the party primary process where the parties are selecting their nominees to move forward to the general election,” said Del. Kris Fair, the bill’s lead sponsor and a Frederick County Democrat.

The Maryland Association of Election Officials, which represents local boards of elections, did not take an official stance on the bill but testified that the legislation would present a “considerable administrative challenge” because of the additional provisional ballots it could create.

If 5% of unaffiliated voters choose to register for a party primary this way, the bill’s fiscal note estimates the additional ballots could cost the state $17,000. The bill could also lead to additional costs, including the need for an additional provisional judge and a voter education campaign.

Del. Robin Grammer, a Baltimore County Republican, said he voted against the bill because he is concerned special interests could target unaffiliated voters close to Election Day, possibly harming campaigns with fewer financial resources. Grammer argued politicians have a responsibility to make their case to unaffiliated voters before the registration deadline.

Under the measure, an unaffiliated voter would be able to change their party registration at an early voting or Election Day polling place and then fill out a provisional ballot. The requirement to change party registration has drawn criticism from the Maryland Forward Party, an organization that advocates for nonpartisan voting reforms.

While the group supports the bill, its written testimony says the measure still places “unnecessary barriers” on unaffiliated voters by requiring them to change their registration and vote using a provisional ballot.

“Maryland’s growing unaffiliated electorate deserves a clear and consistent path to participation,” Lee Bradshaw, the legislative committee chair for the Maryland Forward Party, wrote.

Maryland is one of 17 states that have a closed or partially closed primary system, according to the National Conference of State Legislatures, where only individuals registered with a political party can vote in that party’s primary.

Other states use different systems, such as allowing unaffiliated voters to participate in one party’s primary or allowing voters of any party affiliation to choose which primary to vote in.

“I think a lot of folks are kind of tired of politics and political parties in general,” House Minority Whip Jesse Pippy, who voted for the bill, said in a Wednesday news conference. “The independent party is a growing party in the state, and right now they don’t have the option of voting in primaries … so this would certainly give them an opportunity to participate.”

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