<P> This constitutionality raises a problem . The most popular alternative to the open primary is the closed primary . However, a mandatory closed primary can also be unconstitutional . In Tashjian v. Republican Party of Connecticut, the United States Supreme Court determined that Connecticut's closed primary law was unconstitutional . The Connecticut closed primary law "(required) voters in any political party primary to be registered members of that party ." The Republican Party of Connecticut, however, wanted to allow independents to vote in the Republican primary if they so chose . The problem with this closed primary law was that it prevented the Republican Party from allowing independent "registered voters not affiliated with any party to vote in Republican primaries for federal and statewide offices ." Since the Republican Party of Connecticut was not able to choose who it wanted to vote in the primary, the United States Supreme Court, in a 5 - 4 decision, stated that the closed primary law in Connecticut "impermissibly burdens the right of the Party and its members protected by the First and Fourteenth Amendments ." </P> <P> On October 1, 2007, the U.S. Court of Appeals for the Fourth Circuit ruled that the Virginia mandatory open primary statute was unconstitutional as applied to the Republicans because it imposed a burden on their freedom to associate under the First Amendment, although it explicitly did not rule on the question of whether an open primary law was in general unconstitutional as a burden on association . </P> <P> California has adopted a new modified open primary that only applies to office holders other than Presidential delegate selections . </P> <P> A third alternative is the "modified closed primary", as has been in effect in California since 2001 . In California's primary since 2011 the voters are allowed as individual citizens to vote for any candidate, and the top two candidates regardless of party will advance to the general election . The Presidential election is exempt as it is a contest for delegates rather than a direct election for an office . </P>

Who would be allowed to vote in democratic party closed primary