In a rare and politically charged move, the State of Texas — through the Office of the Attorney General — has joined a lawsuit against another arm of the state, the Texas Secretary of State’s office, over how Republican primaries are conducted.
At the center of the dispute is whether the Republican Party of Texas can legally close its primary elections to voters who aren’t registered Republicans — something that’s currently impossible in Texas, which operates an open primary system.
Background: GOP Push to Limit Who Votes in Its Primaries
In early September, the Republican Party of Texas (RPT) sued both the State of Texas and Secretary of State Jane Nelson, asking a court to order changes to how primaries are administered. The RPT argues that under the First Amendment right to freedom of association, political parties should have the authority to decide who can participate in their nomination process.
“The First Amendment entitles political parties to determine who they associate with to select their nominees for public office,” the GOP’s filing reads.
Currently, Texas voters can choose either party’s primary ballot when voting — meaning Democrats and Independents can cast ballots in the Republican primary if they choose. The only restriction is that voters can’t switch parties between a primary and a runoff election. Texas does not have formal party registration, unlike many other states.
Republican leaders have long debated whether allowing non-Republicans to participate dilutes the party’s control over its candidates. However, critics of closing the primaries argue that doing so would shrink the party’s reach and turn away potential converts in a rapidly changing state.
Attorney General Sides with the Party — and Against Another State Agency
This week, Attorney General Ken Paxton and the OAG filed a joint motion for entry of consent judgment alongside the RPT — effectively joining the lawsuit against the Secretary of State. The motion asks the court to declare parts of the Texas Election Code that require open primaries unconstitutional, and to direct the state to implement a closed primary system as early as 2026.
That means one state agency — the Attorney General’s Office — is now opposing another — the Secretary of State’s office — in court, a move that is unusual though not unprecedented.
Paxton defended his involvement, saying, “The Secretary of State must follow the Constitution by swiftly implementing this consent decree.”
He added, “Instead of fighting this lawsuit with expensive out-of-state lawyers, the Secretary of State’s office should respect the will of Texas voters and defend their freedoms by creating a process that will allow the [Texas GOP] to immediately close its primaries.”
Secretary of State Pushes Back
Secretary of State Jane Nelson quickly responded in a filing of her own, accusing Paxton’s office of not following proper procedure before submitting the joint motion.
“Even though Local Rule 7.1(b) required counsel for the Plaintiffs and the State of Texas to confer in good faith with counsel for Defendant Jane Nelson before filing the motion,” her filing states, “the Texas Attorney General’s Office gave counsel for Secretary Nelson less than an hour to provide her position.”
Nelson said she opposes the motion and intends to file a formal opposition.
The situation carries an additional layer of irony: one of the lawyers working with Paxton’s office on the case, Keith Ingram, previously served for years as a top elections official under the Secretary of State.
Timing and Political Implications
The GOP’s lawsuit acknowledges that the state would likely be unable to implement a closed primary in time for the 2026 election cycle without major logistical overhauls. Still, the plaintiffs argue that failing to begin the process now could delay the change until 2028, a presidential election year.
“The Legislature (and the Secretary) have already failed to close the Republican primary for 2026,” the party’s filing says. “The Party cannot continue to wait and risk further political inaction and delay.”
Republican leaders remain split over the idea. Some argue a closed primary prevents Democrats from “spoiling” GOP contests by backing more moderate candidates. Others warn it could alienate new voters and harm the party’s growth in urban and suburban areas.
The political stakes are high. Paxton, who is running for the U.S. Senate seat currently held by John Cornyn, is widely believed to benefit from a closed primary system that would limit participation to the party’s most loyal conservative base.
Cornyn, in contrast, took a more measured approach. “We need to ensure every Trump voter is able to participate in the Republican primary in Texas,” Cornyn said, adding that he has “complete and total faith in [Gov. Greg Abbott] and his team to do so.”
Congressman Wesley Hunt (R-TX-38), who recently entered the 2026 Senate race, sided firmly with Paxton: “GOP primaries in Texas must be closed, period. There is absolutely no reason Democrats should be allowed to meddle in our primaries, except to play spoiler.”
What Comes Next
The legal battle now heads to court, with the Attorney General and the GOP on one side and the Secretary of State on the other. Even if the judge sides with the plaintiffs, implementing a closed primary system would require significant legislative and administrative changes — including creating a party registration system Texas has never used.
The case highlights both the philosophical divide and the political jockeying within Texas Republican ranks as the party charts its future.
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