Texas GOP Files Federal Lawsuit to Eliminate Open Primaries, Restrict Voting to Registered Republicans
The Republican Party of Texas filed a federal lawsuit against Secretary of State Jane Nelson on Thursday, demanding the right to close its primary elections to registered Republican voters only, marking a significant escalation in the party's long-running battle against crossover voting that could reshape Texas’ electoral politics.
The lawsuit, filed in the Northern District of Texas, claims that the state's open primary system violates the Republican Party's First Amendment right of association by forcing it to allow Democrats and independents to select GOP nominees. Texas currently operates one of 15 fully open primary systems nationwide, where any registered voter can participate in either party's primary election.
The Constitutional Challenge at the Heart of Texas Politics
The legal challenge centers on what Republicans call "crossover voting" — the practice of voters traditionally affiliated with one party casting ballots in the primary of the opposing party. The GOP argues that this undermines their ability to choose authentic conservative candidates who represent the party's principles.
"In Texas, Republicans, and only Republicans, should select Republican nominees," Republican Party of Texas Chairman Abraham George declared in a statement announcing the lawsuit.
The suit targets explicitly two recent examples where crossover voting allegedly determined outcomes. Former House Speaker Rep. Dade Phelan of Beaumont won his 2024 primary runoff by just 389 votes, while Rep. Gary VanDeaver of New Boston prevailed by fewer than 800 votes. The lawsuit suggests these narrow victories came from Democratic and independent voters strategically selecting more moderate Republican candidates.
Years of Legislative Frustration Spark Legal Action
The Republican Party's decision to pursue federal litigation comes after repeated legislative failures to enact closed primaries. During the 2025 legislative session, three separate bills filed by State Representatives Mike Schofield and Briscoe Cain, along with Senator Mayes Middleton, all failed to advance.
"We expected our legislators to take care of this at the legislative session," George told CBS News Texas in June. "Unfortunately, that did not happen".
The party had previously modified its rules in 2024 to call for closed primaries, with more than 72% of GOP primary voters supporting a ballot proposition to restrict participation to Republicans only. When the legislature failed to act, party leadership hired a law firm and committed to federal litigation as their only remaining option.
Potter County Precinct Chair Joins Fight Against "Democrat Interference"
Chip Hunt, chairman of Precinct 126 of the Potter County Republican Party, joined the state party as a co-plaintiff in the federal lawsuit. Hunt's involvement represents the grassroots frustration with what party activists describe as systematic "Democrat interference" in Republican contests.
According to ABC7 Amarillo, Hunt argues that crossover voting allows registered Democrats to vote in Republican primaries specifically to choose candidates they believe have the least chance of winning in general elections. This strategic behavior, the lawsuit contends, corrupts the primary process and prevents authentic Republican voices from emerging.
"This Court should declare that system unconstitutional," the lawsuit states, seeking a declaration that would "enable the Party to begin taking the substantial steps necessary to transition seamlessly to a closed Republican primary for future election cycles"**.
National Precedent and the Path Forward
The Texas GOP's legal strategy follows successful precedent from Idaho, where a federal district judge ruled in favor of the Idaho Republican Party in 2011, effectively closing that state's primaries as requested. Ten states currently operate closed primary systems, according to the National Conference of State Legislatures.
If successful, the ruling would require Texas to implement a party registration system similar to those in states like Florida and New York, where voters must declare their party affiliation when registering to vote. The deadline for such registration typically falls about one month before primary elections.
Secretary of State Jane Nelson's office indicated that preparations for the March 3, 2026, primary are already "well underway" based on current state law, though they are reviewing the lawsuit. Nelson has previously stated she will only certify candidates chosen through the existing open system without legislative changes.
The 2026 Primary Timeline Creates Urgency
The lawsuit's timing reflects growing concern among Republicans about the 2026 election cycle. The party argues it cannot wait for further legislative action that might not materialize, risking continued open primaries through 2028.
"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," the lawsuit emphasizes.
The case represents potentially the most significant shift in Texas primary election law in decades, with implications extending far beyond party politics to fundamental questions about voter participation and democratic representation.
Strategic Voting Versus Party Autonomy
The lawsuit acknowledges that strategic crossover voting is "rational behavior" but argues it undermines the Republican Party's constitutional right to choose its own leaders. Party officials contend the current system allows non-Republicans to effectively select GOP nominees who may not reflect authentic conservative principles.
Critics of the proposed change argue that closed primaries could further polarize Texas politics by eliminating moderate voices and reducing participation in the democratic process. However, Republican leaders maintain that party autonomy outweighs concerns about voter access.
As the federal court considers this constitutional challenge, the outcome will determine whether Texas joins the growing number of states restricting primary participation or maintains its tradition of open electoral competition. The decision could reshape not only Republican politics but the broader landscape of Texas democracy for generations to come.