Open Primaries Education Fund, a New York-based advocacy group, filed a lawsuit Tuesday on behalf of New Mexico voters to end closed primaries in the state.

Closed primaries limit participation to those registered as members of that contest’s related political party. The suit claims that such races disenfranchise Independents and constitute an illegal use of public funds.

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“Politicians, not surprisingly, are reluctant to change a system that they’re comfortable with,” John Opdycke, president of Open Primaries, told Politico. “By raising the basic premise that publicly funded elections should be open to everybody, I think can really help both in the courts, but also in legislatures, to create more momentum.”

New Mexico, one of nine closed primary states, upheld the constitutionality of the process in 2017. Twenty-eight states hold fully open primary contests.

The controversy surrounding closed primaries rose to national prominence in 2016 during Sen. Bernie SandersBernie SandersThe Hill’s 12:30 Report: Milley apologizes for church photo-op Harris grapples with defund the police movement amid veep talk Biden courts younger voters — who have been a weakness MORE’s (I-Vt.) insurgent campaign for the Democratic presidential nomination, with the candidate slamming the practice as wrong in New York, a closed primary state.

“Three million people in the state of New York who are independents have lost their right to vote in the Democratic or Republican primary,” Sanders said. 

The Independent senator frequently had better results in open primary states where Independent voters could participate in the contest between him and eventual nominee Hillary ClintonHillary Diane Rodham ClintonWhite House accuses Biden of pushing ‘conspiracy theories’ with Trump election claim Biden courts younger voters — who have been a weakness Trayvon Martin’s mother Sybrina Fulton qualifies to run for county commissioner in Florida MORE.

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