The Republican Party of Texas filed a federal lawsuit Wednesday seeking to close its primary elections to registered Republicans only, challenging a state system that allows Democrats and independents to vote in GOP primaries.
The complaint, filed in U.S. District Court for the Northern District of Texas, names the State of Texas and Secretary of State Jane Nelson as defendants. Plaintiffs include the Republican Party of Texas and Chip Hunt, a Potter County precinct chair.
Constitutional Rights at Stake
The lawsuit argues that Texas’s open primary system violates the First Amendment rights of political association. Under current Texas law, any registered voter can participate in any party’s primary election simply by requesting that party’s ballot at the polling location.
“Texas law, as enforced by Defendant Jane Nelson, the Texas Secretary of State, forces the Party to allow voters who may fundamentally oppose the Party’s principles and candidates to choose the Party’s nominees,” the complaint states.
The Republican Party enacted Rule 46 last year following a 2024 ballot proposition where 72.74% of Republican primary voters supported restricting voting in Republican primaries to registered Republicans only.
Evidence of Crossover Voting
The lawsuit cites specific examples of crossover voting affecting Texas elections. In 2024, House Speaker Dade Phelan won his primary runoff by just 389 votes out of 25,000 cast. The Party noted that “nearly 9% of the voters in the March primary for Dade Phelan’s re-election were known Democrats.”
In another close race, Gary VanDeaver defeated Chris Spencer by 763 votes out of over 30,000 cast in the Republican primary for House District 1. VanDeaver ran uncontested in the general election because no Democrat filed for the race.
The complaint references political science research showing crossover voting can range from 18% to 49% in open primary systems, depending on the election and circumstances.
Legal Precedent Cited
The lawsuit relies heavily on the Supreme Court’s decision in California Democratic Party v. Jones, which established that political parties have constitutional rights to determine their own membership and candidate selection processes.
“Even a single election in which the party nominee is selected by nonparty members could be enough to destroy the party,” the complaint quotes from the Jones decision.
A similar case in Idaho, Idaho Republican Party v. Ysursa, resulted in a federal court declaring that state’s open primary system unconstitutional as applied to the Idaho Republican Party.
Legislative Efforts Failed
The complaint notes that two bills were introduced in the 2025 Texas Legislature to implement closed primaries. House Bill 951 and its Senate companion would have required voters to register party affiliation to vote in primaries. House Bill 934 would have codified the Republican Party’s Rule 46 into state law.
Both bills failed to pass, prompting the federal court challenge.
Secretary of State’s Position
According to the lawsuit, Republican Party Chairman contacted Secretary Nelson in February asking her to implement Rule 46 for the 2026 primary elections. Nelson responded that her office was monitoring legislation on the issue and would “be better prepared to answer your questions after learning about the laws passed by the 89th Legislature.”
With the Legislature’s failure to act, the Secretary has indicated she will continue placing only candidates selected through open primaries on general election ballots.
Party’s Backup Plan
The Republican Party states it can implement its own registration system and coordinate with election officials to conduct closed primaries if necessary. However, the lawsuit argues this substantial undertaking requires legal certainty that the Secretary cannot refuse to place nominees selected through closed primaries on general election ballots.
“The Party cannot continue to wait and risk further political inaction and delay that could lead to open primaries in 2028 as well,” the complaint states.
Relief Sought
The plaintiffs seek a declaratory judgment that Texas’s open primary system violates the Republican Party’s First Amendment rights. They also request an injunction preventing defendants from enforcing open primary requirements and an award of attorneys’ fees.
The case is assigned to the Amarillo Division of the Northern District of Texas. No hearing date has been set.
Texas has voted Republican in every presidential election since 1980, and no Democrat has won statewide office since 1994, making Republican primaries often the decisive election in many races across the state.
