Texas Republicans sue Secretary of State over open primary system

DALLAS - 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.

"But Texas law, as enforced by Defendant Jane Nelson, the Texas Secretary of State ("the Secretary"), forces the Party to allow voters who may fundamentally oppose the Party’s principles and candidates to choose the Party’s nominees," the lawsuit reads.

The Texas GOP is claiming a violation of its First Amendment right to association by allowing any registered voter to participate in the party's primary elections.

In the filing, the party said it's bringing the lawsuit to ensure that the state's primaries are closed by 2028.

"And given the steps necessary to transition to a fully closed primary in an orderly fashion, the Party cannot continue to wait and risk further political inaction and delay that could lead to open primaries (or even a bridge election) in 2028 as well," the filing states.

The other side:

Alicia Pierce, the Secretary of State's Office spokesperson, said the agency was committed to fair, orderly and legal elections.

"Preparations for the March 3 primary election are already well underway in accordance with state laws," Pierce said. "Our counsel will review the lawsuit."

Texas Republican Party votes for closed elections

In June, the GOP met for its annual executive committee meeting where they voted to close the party's primaries to prevent "outside interference."

"As Chairman of the Republican Party of Texas, I am fully committed to upholding the rules, priorities, and platform adopted by our delegates," Chairman Abraham George said after the meeting. "This is not just about a rule change—it’s about protecting the integrity of our elections and defending the voice of our conservative base."

Open or closed primary

Texas is one of 15 states with completely open primaries, meaning that anyone who is registered to vote can vote in a specific party's primary without being a member of that party.

In contrast, only 10 states operate a closed primary where only members can vote in a party's primary.

The rest of the nation operates under rules that either allow independent voters to choose at the polls or allows the state to decide ahead of an election is they will allow unaffiliated voters or voters from another party to vote in their elections.

What they're saying:

"For too long, open primaries have allowed Democrats and progressive activists to manipulate Republican outcomes, weakening our candidates and diluting our values," the party said in a release after the vote. "With this amendment, the Republican Party of Texas sends a clear message: we will not allow our nomination process to be hijacked."

Voters in Texas do not select a party when they register to vote.

Moving to a closed primary format would require every registered voter in Texas to register a party with the secretary of state.

The easiest way for such a change to happen would be from action by the Texas Legislature, which did not happen during the most recent session and was not a topic of discussion during either of the two called special sessions.

While the filing states the GOP would prefer to close primaries through legislative action, they are able to implement their own closed primaries.

"Specifically, the Party can and will—if necessary—maintain its own Party registration list, develop its own verification procedures, and coordinate with appropriate state and county election officials to ensure that they have access to, and use, that registration list to conduct closed primary elections," the filing reads. "Transitioning to closed primaries without legislation—and without the Secretary maintaining registration—will require substantial efforts, cost, and time from the Party."

Where would that leave independent voters?

The other side:

A major criticism of the closed primary system is how it seemingly alienates voters who don't align with either party.

Critics say that by not allowing independent voters to be a part of the primary process it effectively disenfranchises millions of Texas voters.