A quiet rule change over the weekend by the Republican Party of Texas (RPT) could ignite a political and legal firestorm as the party charts a new course toward closing its primaries—potentially in defiance of the State of Texas.
Meeting behind closed doors, the State Republican Executive Committee (SREC) amended Rule 46, altering the language that determines who can vote in Republican primary elections. What may seem like a small change in wording actually signals a major shift in intent—and one that may soon be tested in court.
The Rule Change: Small Words, Big Implications
Previously, Rule 46 stated that GOP primaries were limited to “United States Citizens eligible to vote in Texas who qualify to vote as Republicans in accordance with this rule.” This left a degree of flexibility in interpretation—possibly allowing participation by right-leaning independents or voters who typically vote Republican but aren't formally registered as such.
Now, the updated language is stricter: “...only a United States citizen eligible to vote in Texas who is registered to vote with the Texas Secretary of State as a Republican may cast a ballot in those elections.”
In other words, the Texas GOP now wants a formal party registration requirement—something Texas law doesn’t currently mandate, as the state operates under an open primary system. Under current rules, voters in Texas don’t have to declare a party affiliation when registering to vote. Instead, affiliation is temporarily assigned when a voter participates in a party’s primary.
That legal reality sets the stage for a looming clash.
Why This Matters: Party vs. State
RPT Chairman Abraham George defended the move, saying the rule change isn’t just technical—it’s a stand for the party’s conservative base.
“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,” George said in a public statement.
But to actually enforce this new version of Rule 46, the party would need the state to administer a system of party registration—something the legislature has not approved and the Secretary of State has not implemented.
In short, unless the state agrees to change its election infrastructure, the Texas GOP’s closed primary rule is unenforceable.
And that could mean litigation.
A Legal Battle Looming?
The party’s official statement hinted at what may come next: “The Republican Party of Texas urges elected officials and conservative allies to stand with us and support this mandate — through litigation and leadership.”
Legal experts say the GOP’s unilateral rule change likely conflicts with the state’s current election laws, setting up a possible court fight over whether a political party can impose stricter voting requirements than those allowed by the state.
The fight also risks confusing voters—and burdening local election officials—if party rules contradict how elections are actually run.
Why Now? The Phelan-Covey Race and the Bigger Picture
The push to close primaries isn’t new, but it picked up momentum last year after Speaker Dade Phelan (R-Beaumont) narrowly fended off a more conservative challenger, David Covey, in the House District 21 runoff.
Though most voters in that race had Republican voting histories, some had previously voted in Democratic primaries. In a race decided by fewer than 400 votes, the perception among conservatives was that crossover voting cost Covey the win.
That high-profile example energized the party’s base, especially grassroots activists wary of what they see as moderates diluting Republican primaries. Their solution: close the primaries to ensure only “true” Republicans vote in them.
But attempts to formally close the primaries through legislation failed in the 89th Legislature. Now, the party appears to be trying to do it on its own—regardless of the state’s legal framework.
Beyond Primaries: Censures and Candidate Access
Complicating matters further, the party is also pursuing a strategy to censure sitting GOP legislators who deviate from party priorities—and to bar them from running again under the Republican banner. That move, too, is legally murky and could prompt additional litigation, particularly around ballot access and party control.
What’s Next?
Unless Texas lawmakers take up the issue again—and pass legislation requiring party registration—this is likely headed to court.
In the meantime, the party's decision raises serious questions about the future of primary elections in Texas, the limits of party autonomy, and the ever-widening gap between state governance and party politics.
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