A federal court has granted the state a 30-day extension to respond to the Texas GOP’s legal challenge to close the Republican primary.
Currently, any Texas voter can participate in a party primary regardless of political affiliation.
The Republican Party of Texas has sued Texas Secretary of State Jane Nelson to close the primary ahead of the March 2026 election. The Republican effort seeks to prevent Democrats from crossing over to vote—thereby altering the party’s representation, particularly in the Texas House.
Nelson, a former longtime Republican member of the Texas Senate, was appointed Secretary of State by Gov. Greg Abbott on January 7, 2023 and serves at the governor’s pleasure.
The Texas GOP’s lawsuit argues that the open primary system violates its First Amendment right to freely associate, as it forces the party to allow individuals who likely do not align with party principles to influence candidate selection.
A response to the suit was due yesterday, but a 30-day extension was requested unopposed and granted, delaying immediate arguments over the constitutionality of open primaries.
Democrat participation in Republican primary elections has been in the news recently, as students at Stratford High School have attempted to incorporate a Turning Point USA (TPUSA)-affiliated student group, the Club America chapter, at their high school.
Nathalie Herpin, vice president of the Spring Branch Democrats Club, led a campaign against teachers at Stratford High School who were considering sponsoring the student group.
Herpin’s actions drew sharp rebukes from grassroots groups like Moms for Liberty, which accused her of doxxing students and fostering a hostile climate for free speech.
Notably, a review of Herpin’s voting record shows she participated in the 2024 GOP primary election, providing a high-profile example of why the RPT is working to limit primary participation to Republicans.
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