Texas GOP sues to restrict access to primary elections
Texas GOP sues to restrict access to primary elections
The Texas Republican Party wants to change the rules on who can vote in primary elections.
DALLAS - The Texas Republican Party wants to change the rules on who can vote in primary elections.
The party is suing to require a closed primary, meaning only registered Republicans would be allowed to vote in a Republican primary.
Open vs. Closed Primaries
I VOTED stickers are seen at a polling station on the campus of the University of California, Irvine, on Nov. 6, 2018 in Irvine, California on Election Day. (Photo by Robyn Beck / AFP via Getty Images))
Big picture view:
Texas currently has open primaries. Any registered voter can cast a ballot in either a Democratic or a Republican primary election.
But Texas Republicans want to change that in favor of a closed primary. Only registered Republicans would be allowed to vote in the GOP primary.
Texas is one of only 15 states with a completely open primary. But only 10 states have truly closed primaries. Most states have rules that allow unaffiliated voters to choose before or once they get to the polls.
What's new:
The Texas Legislature failed to advance two pieces of legislation during the last session that would have closed primaries.
So, the Texas GOP filed a federal lawsuit to try and force the change, claiming it’s a violation of its First Amendment right to association by allowing any registered voter to participate in the party’s primary election.
In the filing, the party said it's bringing the lawsuit to ensure that the state's primaries are closed by 2028.
Nothing is expected to change before the next primary election in March.
Texas Republicans sue Secretary of State over open primary system
The Texas Republican Party filed a lawsuit against Secretary of State Jane Nelson in an attempt to close the party's primary elections in the state to only registered Republicans.
What they're saying:
"This conversation is really all about controlling those primaries," said Vinny Minchillo, a Republican political consultant with Glass House Strategies.
Minchillo believes this is about Republicans having stronger control over the Texas House of Representatives.
He explained that some in the Texas Republican Party believe Democrats and Independents voted in past Republican primaries to impact the outcomes.
While Minchillo hasn’t seen any data that proves there was enough crossover vote to matter, the move should still give the party’s choice for a particular race a better chance of winning in the primary and ultimately a general election.
The other side:
SMU Political Science Professor Cal Jillson said it’s the same thing Texas Democrats did in the 70s and 80s.
"They forced the conservatives out, so the party was more of a national liberal party. Then they looked up and saw they were the minority. Republicans, as they look to become more conservative, could dissuade those more moderate and more independent, even conservative Democratic voters, and at some point look up and find they got a fight on their hands," he said.
Cornyn vs. Paxton
Expert on Cornyn vs Paxton in Texas Senate race
Texas Senator John Cornyn faces a strong primary challenge from Attorney General Ken Paxton, who leads in polls despite Cornyn's fundraising advantage, with a potential Trump endorsement and Angela Paxton's divorce proceedings being key factors, according to SMU political science professor Cal Jillson.
Dig deeper:
One example of a race that would be impacted by a closed primary is the battle shaping up for the U.S. Senate seat held by Sen. John Cornyn, who is being challenged by Attorney General Ken Paxton.
A closed primary would be an advantage for Paxton because his supporters are typically hard-core conservatives. Meanwhile, the incumbent Cornyn has more supporters who are casual and independent voters.
"They’re concerned that although you don’t have that many Democrats, you do have Independents who are not committed to the Republican Party. And it might be better to let just committed Republicans vote, particularly on a race like between Cornyn and Paxton. If those Independents tipped it to Cornyn and the committed Republican voters actually wanted Paxton, that’s what they’re trying to get rid of," Minchillo said.
But again, no changes are expected before Cornyn and Paxton face each other in a primary election on March 3, 2026.
The Source: The information in this story comes from past news coverage and interviews with political consultant Vinny Minchillo and political scientist Cal Jillson.