Republican Party of Texas leaders are pressing ahead with a high‑stakes legal battle to close the state’s GOP primaries, arguing that Democrats and independents should no longer be allowed to help choose Republican nominees.
The effort has pitted the party and Attorney General Ken Paxton against Secretary of State Jane Nelson, who is spending more than $1 million in public funds to defend Texas’ current open primary system in federal court.
The Republican Party of Texas adopted Rule 46 in 2024, requiring that only voters registered as Republicans be allowed to vote in GOP primaries in order to implement closed primaries.
Party Chairman Abraham George says the move follows years of grassroots complaints about “Democrat interference” in key races and honors a 2024 primary ballot proposition in which 73 percent of GOP voters endorsed closing the primaries.
In September 2025, the party sued the State of Texas and Secretary of State Jane Nelson in federal court, arguing that the open primary system—where any voter can choose a Republican ballot on election day—violates the GOP’s First Amendment right of association by forcing it to let non‑Republicans participate in choosing its nominees.
The lawsuit asks the court to declare Texas’ open primary laws unconstitutional as applied to the Republican Party, allowing the GOP to either work with the legislature to create a closed system or, if necessary, implement one under party rules.
Secretary of State Jane Nelson has emerged as the main obstacle to the GOP’s plan, insisting that her office—not the party or the attorney general—controls how primaries are administered under current law. Nelson has filed motions to dismiss the GOP’s lawsuit as unripe, arguing that Rule 46 will not take effect until mid‑2026 and still requires ratification by party delegates, and that any changes would not apply before the 2028 cycle.
To mount that defense, Nelson’s office has hired two outside law firms and authorized up to $1.25 million in legal fees, including as much as $1 million for Washington‑based Clement & Murphy PLLC, where lead attorney James Xi reportedly bills $1,500 an hour. Those contracts put the state’s top elections official in direct conflict with Paxton and the GOP, effectively committing taxpayer funds to preserve a system that lets Democrats and independents vote in Republican primaries.
Attorney General Ken Paxton has taken the unusual step of siding with the plaintiffs against another state official, filing a joint motion with the Texas GOP asking the court to strike down parts of the Election Code that authorize open primaries and to immediately allow the party to enforce its closed‑primary rule. Paxton has called the open primary system “completely indefensible” and a “slap in the face” to Republican voters, urging Nelson to accept a consent decree rather than spend state money defending laws he argues violate the Constitution.
Nelson, however, has opposed the proposed consent judgment as “collusive,” telling the court that Paxton and the GOP no longer represent a true adversarial posture and urging the judge to reject any settlement that would bypass the legislature and her office’s statutory authority. That intrastate clash has turned what might have been an internal party rules fight into a constitutional showdown over who controls Texas primaries and how much power political parties have to police their own nominations.
George has warned that many disputes over candidate eligibility and ballot access are likely headed to court, but argues that closing the primaries is essential if Texas Republicans want to prevent Democrats from shaping their ticket—especially in closely watched Texas House and congressional races.
If the GOP and Paxton prevail, Texas would join states like Florida and New York that require voters to register by party before taking part in primary elections.
If Nelson and her outside counsel succeed in defending the open system, Republican leaders will be forced back to the legislature and the convention floor, even as the grassroots base continues demanding that Republicans—and only Republicans—pick the party’s standard‑bearers.
