The Texas Secretary of State’s office has thus far agreed to spend up to $1.25 million to defend the state’s open-primary system against a lawsuit filed by the Republican Party of Texas, putting the state’s top elections office directly at odds with Attorney General Ken Paxton and the Texas GOP.
According to records published by the Houston Chronicle, Secretary of State Jane Nelson’s office has retained two outside law firms to handle the case. Underwood Law Firm can be paid up to $250,000, while Washington-based Clement and Murphy PLLC can receive up to $1 million.
The lead attorney, James Xi, is reportedly billing $1,500 per hour.
The fight centers on whether Texas should continue operating open primaries, where any registered voter may choose a Republican or Democrat ballot at the polling place, or shift to closed primaries, as demanded by the Texas GOP.
In closed-primary states such as Florida and New York, voters must declare their party affiliation in advance, and only registered members may participate in that party’s nomination contests.
The Republican Party of Texas sued the state in September, arguing that open primaries violate the party’s First Amendment right to free association by allowing Democrats and independents to influence Republican nominations.
Attorney General Ken Paxton has taken the unusual step of joining the GOP’s lawsuit, filing a joint motion asking a federal judge to declare the open-primary system unconstitutional and allow the party to immediately close its primaries.
That alignment between Paxton and the plaintiffs has caused Nelson—the state official responsible for administering elections—to hire outside counsel to oppose the lawsuit and defend the existing system.
If successful, the joint motion could pave the way for Texas to join other states that require formal party registration before voting in primaries.
73 percent of Republican voters supported a 2024 ballot proposition calling for closed primaries.
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