With the Republican Party of Texas challenging the state’s open primary system in court, the debate over who should decide each party’s nominees has reached a historic crossroads.

Texas’ open primaries trace back to the early 20th century and the passage of the Terrell Election Law of 1903. This landmark law introduced primary elections for nominating candidates and replaced the convention system with state-run primaries for major political parties. 

Over time, the system evolved into what elections experts call a “semi-open” primary. While Texas voters do not declare party affiliation when registering, they may choose which party’s primary to vote in on election day, and their participation limits them to that party’s runoffs for the same cycle.

Over the past several years, the Republican Party of Texas—through its convention delegates—has voiced concerns about “crossover voting,” in which voters of one party participate in the other’s primary to influence the outcome. 

In 2024 and 2025, the Texas GOP intensified its efforts to close the primaries, passing internal party rules seeking to limit participation strictly to party members and recently filing suit against the state to try to force the change.

Texas’ open primaries are now a legal battleground, with GOP leaders arguing that party autonomy is at stake. Meanwhile, advocates for open primaries contend that the system increases participation and ensures nominees are accountable to a broader cross-section of the electorate.

According to Ballotpedia, closed primaries for state and congressional offices are held by at least one political party in 14 states. Other states have open, semi-closed, or top-two primaries.

Whether Texas’ open primary tradition will endure or yield to a closed model now rests in the hands of state lawmakers, party leaders, and—perhaps most decisively—the courts.

Sydnie Henry

A born and bred Texan, Sydnie serves as the Managing Editor for Texas Scorecard. She graduated from Patrick Henry College with a B.A. in Government and is utilizing her research and writing skills to spread truth to Texans.

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