On March 1, the Kentucky House Elections, Constitutional Amendments, and Intergovernmental Affairs Committee defeated SB 41 by a vote of 5-4. This is the bill that provides that independent voters may vote in the primary of their choice. If the bill were to pass, Kentucky would then have a semi-closed primary. That is the term for a primary in which party members can only choose the primary ballot of the party they are registered into, but an independent may vote in any party’s primary. These terms have been defined in several U.S. Supreme Court decisions, as well as political science books, such as “Voting at the Political Fault Line.” UPDATE: the vote was partisan, with all Republicans voting “Yes” but only one Democrat voting “Yes.” The Committee has six Democrats and four Republicans. Bills need a majority to pass, so the bill needed six votes. The vote was five “Yes”, two “No”, and three not voting. Not voting in Committee is the same as voting “No.”
Most reporters don’t know these definitions, so the stories about SB 41 refer to it as an open primary bill. An open primary is a primary in which all voters are permitted a free choice of which party’s primary ballot to choose.