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What is Rule 44? How the Texas GOP could ban its own members from the 2026 ballot


The Republican Party of Texas is preparing for a dramatic showdown this Saturday at the State Capitol — one that could redefine what it means to be a Republican in the Lone Star State. The State Republican Executive Committee (SREC), the party’s governing board, is set to meet to decide whether ten GOP House members are “Republican enough” to remain on the 2026 primary ballot.

At stake is not just the future of a few state lawmakers, but the balance between party purity and democratic participation within Texas’ dominant political party.

A First-of-Its-Kind Political Tribunal

The meeting marks the first-ever use of an expanded disciplinary rule — known as Rule 44 — that allows the Texas GOP to censure its own elected officials for straying from the party platform. The rule, revamped at the 2024 state convention, now carries extraordinary consequences: a censured Republican could be barred from appearing on the GOP primary ballot for two years.

This is uncharted territory. Never before has a state party attempted to exclude sitting legislators from its own primary on ideological grounds.

Among those facing censure are seven members of House Speaker Dustin Burrows’ leadership team: Reps. Angie Chen Button of Garland, Cody Harris of Palestine, Jeff Leach of Allen, Morgan Meyer of University Park, Angelia Orr of Itasca, Jared Patterson of Frisco, and Gary VanDeaver of New Boston. Two other retiring members could also be banned.

Burrows himself, though not facing a ballot ban, could receive a formal reprimand for allegedly undermining party priorities — mainly by working with Democrats to secure the speakership.

To some activists, these actions represent a betrayal of conservative principles. To others, they represent governance in a diverse and complex state.

How Rule 44 Became the Texas GOP’s “Nuclear Option”

To understand how Texas Republicans arrived at this point, it’s necessary to trace the evolution of Rule 44 — a rule that began as a symbolic gesture and has since become a weapon in intraparty warfare.

When first introduced in 2016, Rule 44 was designed to allow local party organizations to formally censure officials who violated the state party platform three times. The punishment was largely symbolic — a political scarlet letter that allowed the party to campaign against the official but did not prevent them from seeking reelection.

The idea gained traction during the tenure of former House Speaker Joe Straus, a moderate Republican whose resistance to hardline conservative bills — particularly on school vouchers and social issues — enraged grassroots activists. Straus and his ally Byron Cook were both censured in 2018, but both had already decided to retire.

The censure mechanism then lay dormant until new flashpoints reignited the conservative base’s frustration — including the impeachment of Attorney General Ken Paxton and fights over school choice.

At the 2022 GOP convention, activists began pressing to give Rule 44 “teeth.” The compromise version that emerged allowed censured officials to be discouraged from running in the GOP primary but still stopped short of a full ban.

Then came the 2024 convention in San Antonio — a moment charged with populist energy and lingering resentment from the Paxton impeachment. Delegates demanded that censured officials be completely excluded from the Republican primary. Attorney Justin Nichols of San Antonio drafted the new language, giving the SREC authority to keep censured Republicans off the ballot entirely.

“Somebody has to blink,” said committee member Jon Bouché at the time. “This is the right moment to put teeth in the rule.”

The delegates agreed. The new Rule 44 passed, codifying a mechanism that critics say undermines the most basic principle of democracy: voters, not party insiders, should decide who represents them.

The 2025 Legislative Session: Success or Betrayal?

Ironically, this clash is unfolding after what many conservatives hailed as the most right-leaning session in Texas history.

Under Speaker Burrows, the Legislature delivered on several longstanding Republican priorities. Lawmakers passed stricter bail laws, gave parents more influence over school materials, banned land purchases by entities linked to hostile foreign governments, and even revived the long-dead “bathroom bill.”

Yet despite these wins, some activists saw betrayal. Their frustration stems not from what passed, but how power was shared.

When Burrows was elected speaker with support from Democrats, purists viewed it as heresy. Even though the House later barred Democrats from chairing committees, they retained influence through vice-chair positions — a compromise that some conservatives called unacceptable.

That decision — along with procedural votes to limit debate on House rules — became the basis for several censure petitions.

To the grassroots, these procedural nuances symbolized a deeper problem: the persistence of what they view as a “uniparty” establishment more interested in bipartisanship than ideological purity.

Party Unity vs. Purity

The conflict now facing Texas Republicans is not just about specific votes. It’s about identity.

On one side stand the grassroots activists, often aligned with the Texas GOP’s right flank and party chair Abraham George, who argue that the party must enforce ideological discipline to stay true to its platform. They see themselves as defending conservative principles against politicians who water them down once elected.

On the other side are pragmatists — including many elected officials and strategists — who warn that using Rule 44 as a political bludgeon risks tearing the party apart. They argue that legislators must govern for all Texans, not just a faction of the party base.

SREC member Rolando Garcia put it succinctly:

“Rule 44 is not a campaign strategy. It is not a substitute for the primary. It is an extraordinary penalty intended to be used sparingly.”

And indeed, enforcing it is proving to be a logistical and legal minefield.

The Mechanics (and Mayhem) of Enforcement

After the 2025 session ended, county Republican parties began submitting formal censure resolutions targeting their own representatives. The process quickly became chaotic. Many local parties struggled to follow Rule 44’s strict procedural requirements, forcing the state party to step in and guide them through the steps.

Chair Abraham George even created a task force to review the legislative session and identify possible violations. The task force’s report was intended as a blueprint for local censures, but confusion soon followed.

Some lawmakers weren’t properly notified, while others disputed the report’s accuracy. When the SREC met to finalize it, inconsistencies forced a delay — and the final document was released with disclaimers that it was not comprehensive.

Meanwhile, wealthy Republican donor Alex Fairly announced that he would bankroll legal challenges from any lawmakers banned from the ballot, pledging $20 million for their defense.

By late summer, the once-ambitious effort to censure over 40 lawmakers had dwindled. Only three — Dade Phelan, Sen. Robert Nichols, and Rep. Ken King — were deemed to have clearly met the criteria for censure based solely on the report. Two had already announced retirement.

But county parties continued pushing their own resolutions, especially in Collin County, where officials sought to ban Rep. Jeff Leach over 13 separate votes. Leach, for his part, publicly dismissed the censure attempt, saying: “None of that matters to these people. I’ll beat their ass in court if I have to.”

A Party at War With Itself

The SREC’s Saturday meeting will decide whether to move forward with these censures. Each resolution requires a three-fifths vote of the 64-member committee to pass.

Insiders predict that none of the 10 censures will succeed, but the fact that they’re even being debated underscores a deeper rift.

Many of the same activists who once celebrated the Texas GOP’s conservative victories now see betrayal in compromise. Others, including General Counsel Rachel Hooper, warn against overreach. “We want things done,” she told SREC members in September. “None of us want to be one of those people who’s just yelling and getting nothing done.”

Party Chair George, who initially backed the push for accountability, has since struck a more conciliatory tone, praising Speaker Burrows for his communication and collaboration.

But the damage may already be done. The message to Republican lawmakers is clear: step out of line, and your own party might try to erase your name from the ballot.

The Legal and Political Fallout

Even if the SREC votes to bar certain lawmakers from the primary, it’s far from clear that such bans would survive in court. Election law experts argue that political parties cannot unilaterally restrict ballot access in state-run elections without violating constitutional principles of free association and equal protection.

A lawsuit challenging the rule’s enforcement is almost inevitable, and it could reverberate well beyond Texas. If upheld, it would empower state parties nationwide to impose ideological tests for ballot access — a seismic shift in American politics.

Politically, the rule risks alienating moderate Republicans and independent voters at a time when Democrats are eager to capitalize on Republican infighting. In Texas, where the GOP’s dominance has long rested on coalition-building between libertarians, evangelicals, and business conservatives, the rise of internal purges could prove self-destructive.

The Bigger Picture: What’s Really at Stake

At its core, this fight isn’t about Dustin Burrows or any individual lawmaker. It’s about the future of the Republican Party in Texas — and, by extension, the direction of conservative politics in America’s largest red state.

For decades, Texas Republicans have balanced pragmatism with ideology. Governors like George W. Bush and Rick Perry built big-tent coalitions that united pro-business moderates with religious conservatives. But the modern Texas GOP is increasingly defined by purity tests, where compromise is seen as betrayal and collaboration with Democrats as unforgivable.

Rule 44 represents the logical endpoint of that evolution — a system where party loyalty is enforced not by persuasion, but by exclusion.

Supporters see it as accountability. Opponents see it as authoritarian.

If the SREC succeeds in banning lawmakers from the primary ballot, it will mark a radical transformation of Texas politics — shifting power away from voters and toward party committees. If the effort fails, it may expose the limits of ideological absolutism within a governing majority.

Either way, Saturday’s meeting will not just decide the fate of a few legislators. It will determine whether the Texas GOP is still a political party — or whether it has become an ideological tribunal, policing its members for thought crimes against conservatism.

Common Sense Moving Forward

The Republican Party of Texas faces a stark choice. It can continue down a path of internal purges, where factional disputes replace democratic debate. Or it can return to the fundamentals of representative democracy — letting voters, not committees, decide who carries the party’s banner.

Rule 44 was born out of frustration with politicians who campaign as conservatives but govern as moderates. That frustration is legitimate. Accountability matters. But there’s a difference between holding leaders accountable and rigging the ballot to predetermine outcomes.

Democracy requires trust — trust that voters are capable of choosing their own leaders. If the Texas GOP abandons that principle, it risks becoming the very thing it claims to oppose: an establishment that decides who gets to compete and who gets silenced.

As Saturday’s meeting approaches, one thing is certain: the decision the SREC makes won’t just shape the 2026 primaries. It will shape the soul of the Texas Republican Party for years to come.