Both the Democratic Party of Nebraska and the Libertarian Party of Nebraska have told the Secretary of State that independent voters should be allowed to vote in their primaries for all partisan office. See this story. The law in Nebraska already requires that all parties let independents vote in their congressional primaries, but the parties need not permit independents to vote in their presidential primary or their primary for state and local partisan office.
The Libertarian Party has a contested primary this year for U.S. House, 2nd district. The list of presidential primary candidates in all three Nebraska primaries has not yet been set, but should be by February 26.
The ability of independent voters to vote in congressional elections is a direct result of the Tashjian decision.
The US Constitution guarantees that persons with the right to vote in legislative elections (for the larger chamber) have the right to vote in congressional elections.
Justice Marshall recognized that primaries were part of “the election”, but then mumbled on about it being OK to have a broader franchise for congressional elections (The Connecticut GOP had only sought to open the primary for congressional elections, not legislative elections). Contrast with the clear dissent by Justice Stevens.
The Nebraska AG then interpreted the decision to require congressional primaries in Nebraska be open to independent voters, since legislative elections under Top 2 are open to all voters. He admitted that Marshall’s opinion was so badly written he couldn’t be sure.
The AG’s opinion has since been codified into statute.