Politics
Texas judge puts GOP lawsuit over primary access on hold as lawmakers weigh changes
A federal judge has paused the Republican Party of Texas’ effort to limit GOP primary voting to registered Republicans. The case could be reshaped by legislation expected to come before the Texas Legislature next year, though no change is certain.
A federal judge has temporarily halted the Republican Party of Texas’ challenge to the state’s open primary system, leaving the current rules in place while lawmakers consider whether to change them.
U.S. District Judge Matthew Kacsmaryk, based in Amarillo, issued the pause Sept. 18. The Republican Party sued former Texas Secretary of State Jane Nelson last year, arguing that allowing any Texas voter to participate in a Republican primary violates the party’s First Amendment rights to choose its nominees.
Under the current system, Texas voters do not register by party, and any voter may choose to cast a ballot in a party’s primary. Voters who cross party lines can influence which candidates advance to the general election, a practice that has drawn renewed Republican criticism in recent years.
Kacsmaryk wrote that the Legislature may soon amend the law at issue and said he expects Republicans to succeed in closing the primaries during the next legislative session. He also noted that the outcome is not guaranteed and questioned whether Texas’ system is a “pure open primary,” because voting in a primary involves some degree of party affiliation.
Republican leaders have pressed for closed primaries for years, but the campaign intensified after two incumbent Republican state representatives—former House Speaker Dade Phelan and Gary VanDeaver—survived primary challenges in 2024 by fewer than 800 votes. Some Republicans attributed those victories to support from Democratic- and independent-leaning voters.
Gov. Greg Abbott said at the Texas Republican Convention in June that he wants “only Republicans” voting in Republican primaries. Nelson faced pressure from GOP lawmakers after saying that changes to election law had to come from the Legislature. She left office in June.
Nelson’s successor, Secretary of State Robert Howden, said in an August court filing that his office would defend the state’s open primary system. The dispute now remains paused as lawmakers prepare for the next legislative session. Texas’ next statewide primary elections for all parties are scheduled for 2028.