House Passes Open Primaries Bill as DiVittorio, Banta Differ Over Measure

A proposed change to Pennsylvania’s primary election system has become a point of disagreement between the two candidates seeking to represent the state’s 4th Legislative District.

House Bill 280, which passed the Pennsylvania House Tuesday by a 115-88 vote, would allow registered voters who are not affiliated with a political party to participate in a primary election. Under the legislation, an unenrolled voter could choose either the Democratic or Republican primary ballot without changing their voter registration.

The bill was introduced by Rep. Jared Solomon, D-Philadelphia, and has bipartisan support among its sponsors. The current list of co-sponsors includes two Republicans, Rep. Jeremy Shaffer and Rep. Jamie Flick, along with Democratic members. The House vote itself was also bipartisan, with 99 Democrats and 16 Republicans voting for the bill, while four Democrats and 84 Republicans voted against it.

The legislation had been sitting on the House’s table since May 2025 before lawmakers returned it to consideration Sept. 28. It was sent to the Appropriations Committee and re-reported Sept. 29 before receiving final passage later that day. It now moves to the state Senate.

DiVittorio supports bill

Kathryn DiVittorio, the Democratic nominee for the 4th Legislative District, said she would have supported the legislation. The district covers portions of Erie County, including Corry, Union City, Edinboro, Waterford and surrounding communities.”

In a statement issued after the House vote, DiVittorio said independent voters contribute to the cost of elections and should have a role in primary elections.

“Independent voters help pay for our elections and deserve a voice in them,” DiVittorio said.

She said opening the primaries could encourage candidates to appeal to voters beyond their own party.

“Opening our primaries would encourage candidates to listen to a broader range of voters, build coalitions, and focus on practical solutions instead of partisan gridlock,” she said.

DiVittorio also pointed to the bipartisan House vote, saying, “Sixteen Republicans were willing to join Democrats on this reform. I would have voted yes; Jake Banta voted no.”

Banta opposes bill

Banta, the Republican incumbent, said he opposes HB 280 because he believes the proposal would give unaffiliated voters an option that registered Republicans and Democrats do not have.

In an email response to UC Today, Banta said he believes an independent voter would have more influence under the proposal because the voter could choose either major-party primary.

“First and foremost an Independent voter in the primary voting for either party would have more power than the other two parties,” Banta wrote.

Banta also questioned the fairness of giving unaffiliated voters the ability to choose between the two major-party primaries while members of those parties remain limited to their own primary.

“It is unconstitutional and it is unfair to give one voter more privilege and power over another,” Banta wrote. “We cannot give Independents what the other parties do not have.”

Banta said voters who identify with a political party should participate in that party’s primary and that the general election provides an opportunity for voters of different affiliations to choose among candidates.

“The point is, join a party you align with and vote for a candidate of that party in the primary,” he wrote.

Banta also raised the issue of voters affiliated with parties other than Republican or Democratic.

“HB280 seeks to allow only Independent voters to vote in either primary while not allowing the other party members to,” Banta wrote. “This bill would certainly not be good for the people of Pennsylvania who strives for equal rights.”

Local House Votes

Banta was among the 88 House members voting against HB 280.

Other representatives serving nearby areas also voted no, including Rep. Kathy Rapp, R-Warren, Rep. R. Lee James, R-Oil City, and Rep. Brad Roe. James and Roe both represent portions of Crawford County, while Rapp’s district includes parts of the Warren and Crawford Counties.

The final House vote was 115-88, with 16 Republicans joining most House Democrats in supporting the measure. HB 280 now moves to the Pennsylvania Senate for consideration.