Texas Secretary of State Jane Nelson is asking a federal judge to dismiss the Republican Party of Texas’ lawsuit seeking to close GOP primaries, arguing the case is premature because the party has not yet adopted a binding closed-primary system.
Texas currently operates under an open primary system, meaning any registered voter—Republican, Democrat, or independent—may choose which party’s primary ballot to vote in on Election Day.
By contrast, closed primaries, used in states such as Florida and New York, require voters to formally declare party affiliation in advance, allowing only registered party members to participate in that party’s nominating contests.
The Republican Party of Texas has moved in recent years to end open primaries, arguing Democrats and independents routinely cross over to influence Republican nominations.
In 2024, GOP primary voters approved a ballot proposition supporting closed primaries, and delegates to the party’s convention that same year later adopted Rule 46, which would limit participation in Republican primaries to registered Republicans.
However, Nelson argues the current version of Rule 46 that was approved by the State Republican Executive Committee is temporary and will not take effect unless it is ratified by party delegates at a future state convention.
In her reply supporting a motion to dismiss, Nelson argues that the party is asking the court to strike down state election law without first finalizing how its own closed-primary system would operate.
“Because the Party did not have a closed-primary rule set to govern any primary when it filed its complaint—and still does not have one even now—it does not presently have any associational injury to assert,” the filing states.
Nelson also argues the case is not ripe for judicial review, stating that even under the GOP’s own internal rules, any closed-primary system could not apply until at least 2028—meaning the 2026 Primary Election would proceed under existing open-primary law regardless of the lawsuit’s outcome.
The reply further challenges Attorney General Ken Paxton’s decision to side with the Texas GOP and seek a fast resolution through a joint motion for consent judgment declaring the open-primary system unconstitutional.
Nelson argues Paxton lacks authority to waive the state’s sovereign immunity or bind Texas to an agreed judgment.
The filing highlights a growing split within Texas government, with Paxton and the GOP pressing to immediately close Republican primaries while the secretary of state—represented by outside counsel—argues the lawsuit should be dismissed before the court reaches the constitutional question.
The court has not yet ruled on the motion.
