The Republican Party of Texas (RPT) has escalated a years-long dispute over how its candidates are chosen, filing a federal lawsuit aimed at ending the state’s open primary system. The suit, lodged in Amarillo, asks the court to declare Texas’s current system unconstitutional and to force the state to conduct closed primaries — allowing only registered Republicans to vote in GOP contests.
Filed in the U.S. District Court for the Northern District of Texas, the lawsuit marks a pivotal step in a fight the Texas GOP has been building toward since 2022. Party leaders argue that Texas law compels them to open their nominating process to people who are not true Republicans, in violation of their First Amendment rights.
The Lawsuit’s Argument
In its complaint, the RPT states bluntly:
“Texas’s open primary election system — which allows independents and Democrats to vote in Republican primaries — violates the First Amendment rights of the Republican Party of Texas. The First Amendment entitles political parties to determine who they associate with to select their nominees for public office.”
The suit continues:
“The Party recently passed a rule that only registered Republicans may vote in Republican primary elections — that is, the rule requires a ‘closed primary.’ 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 filing frames the state’s primary structure as an “ongoing violation” of the GOP’s freedom of association, asking the court to declare the open system unconstitutional. Such a ruling, the party argues, would compel the Texas Legislature to create a system that permits closed primaries while still preserving orderly elections.
The lawsuit also names the State of Texas as a defendant. Jane Nelson, the Secretary of State, is the top elections official and the office responsible for administering primaries under current law.
A spokesman for Nelson’s office responded cautiously:
“As always, the Secretary of State’s Office is committed to fair, orderly, and legal elections. Preparations for the March 3 primary election are already well underway in accordance with state laws. Our counsel will review the lawsuit.”
A Long-Brewing Fight
The Texas GOP has signaled its intent to move toward closed primaries for years. At its 2022 convention, party delegates began preparing for such a shift by removing explicit references to the Texas Election Code from the party’s rules. This technical step maintained compliance with state law but freed the party to chart its own course if the law changed.
At the following year’s convention, delegates approved a new provision — Rule 46 — requiring voters in Republican primaries to either register formally with the party or sign a certificate of affiliation. Both mechanisms would effectively close the primary to non-Republicans.
RPT Chairman Abraham George made clear the stakes of the new lawsuit:
“Today, the Republican Party of Texas has sought judicial relief to close our primary elections. In Texas, Republicans, and only Republicans, should select Republican nominees.”
Local GOP activists are also part of the legal push. Amarillo businesswoman Chip Hunt, a Potter County Republican precinct chair and member of the Potter County Appraisal District Board of Directors, is a named plaintiff.
The case is being handled by the national law firm Lehotsky Keller Cohn LLP, along with local attorney Eric Vickers, a former clerk for Judge Matthew Kacsmaryk. Given that the case was filed in Amarillo, it is expected to land on Kacsmaryk’s docket. The judge has drawn national attention in recent years for high-profile rulings on social and regulatory issues.
Open vs. Closed Primaries in Texas
Texas has one of the most permissive primary systems in the nation. Voters do not register by party; instead, they simply choose which primary to participate in on Election Day. The only limitation is that a voter who casts a ballot in one party’s primary may not switch sides and participate in the other party’s runoff during the same election cycle.
That system provides maximum flexibility, but it also leaves both major parties vulnerable to “crossover” voting. A lifelong Democrat can vote in the Republican primary if they choose, and vice versa.
Republican officials argue this undermines the party’s ability to select candidates that reflect the views of its true members. They point to races where outside voters may have tipped the scales in close contests.
One oft-cited example is the 2024 runoff in House District 21, where incumbent Speaker Dade Phelan narrowly defeated challenger David Covey by fewer than 400 votes. Post-election analysis showed the number of voters with Democratic histories exceeded that margin. Still, the data also revealed complexity: many of those crossover voters had only cast a Democratic ballot once since 2016, with several also participating in Republican primaries during that period.
The dispute highlights a fundamental question: who qualifies as a Republican voter? Is it only those with an unbroken record of Republican participation? Or does a voter with mixed partisan history but clear leanings count as a Republican?
What Supporters Say
Closed-primary advocates argue that requiring voters to affiliate formally with the party is the only way to prevent manipulation and preserve ideological consistency.
They emphasize that registering with the GOP is not an onerous barrier for genuine supporters. Instead, they frame it as a necessary safeguard against “strategic voting” by Democrats or independents who might try to steer Republican nominations in ways unfavorable to the party’s platform.
To them, open primaries blur distinctions and make it harder for the party to present voters with nominees who embody its principles.
The Other Side
Opponents of closing the primaries say the current system helps the GOP broaden its reach and grow its voter base. In a state where the Republican Party dominates statewide politics, they argue that independents and swing voters often prefer to participate in the GOP primary because that is where most meaningful races are decided.
Requiring formal registration could discourage these voters, shrinking the party’s influence and alienating people who lean Republican but do not want to affiliate formally.
They also point out that the Texas Democratic Party has shown no interest in closing its own primaries. If the GOP does so, independents who might otherwise choose between both parties could find an easier on-ramp to Democratic contests.
Constitutional Questions
The core legal issue is whether Texas’s open primary laws infringe upon the Republican Party’s First Amendment right of association. The U.S. Supreme Court has previously recognized that political parties have a right to control their nomination processes, but it has also allowed states wide discretion in how they structure primaries to ensure fair and orderly elections.
For example, in California Democratic Party v. Jones (2000), the Court struck down California’s “blanket primary” system, ruling that it forced parties to associate with voters who were not members. But the Court has also upheld state regulations designed to balance party rights with broader electoral administration.
The Texas GOP will need to convince Judge Kacsmaryk — and potentially higher courts — that the state’s open primary system crosses the constitutional line.
Political Implications
If successful, the lawsuit could reshape Texas politics. Closing the Republican primary would change how candidates campaign, whom they target, and how they build coalitions.
In the short term, closed primaries would likely strengthen the influence of dedicated Republican activists and reduce the impact of crossover voters. Critics warn this could pull the party further to the right, as nominees would be chosen by a narrower, more ideologically uniform electorate.
Supporters counter that it would make GOP nominees more authentically Republican, preventing Democrats from exerting influence over the selection of officials who often go on to dominate general elections in the state.
The Road Ahead
The lawsuit sets up a legal and political showdown between Texas’s dominant political party and the state government that administers its elections. The case could take months, or longer, to resolve, potentially dragging into the 2025 legislative session or beyond.
In the meantime, preparations for the March 3 primaries are already underway under current law. Unless a court intervenes quickly, the 2025 primaries will likely proceed under the open system, even as the legal battle unfolds in Amarillo.
Still, the suit signals that the RPT is unwilling to wait for legislative action and determined to force the issue through the courts.
As with many disputes over election law, the fight touches on broader questions of democracy, participation, and the balance between inclusivity and party autonomy. For Texas Republicans, it also reflects the tension between grassroots activists and a broader electorate that does not always align with them perfectly.
Conclusion
The Republican Party of Texas’s lawsuit represents the culmination of years of internal debate, convention rule changes, and simmering frustration over the open primary system. By choosing Amarillo as the venue, the party has set the stage for what could become a landmark decision on the intersection of constitutional rights and state election law.
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