Attorney General Ken Paxton has filed a joint motion with the Republican Party of Texas (RPT) seeking to remove a provision of the Texas Election Code that prevents the party from limiting primary election participation to affiliated members.
The motion follows a lawsuit filed by the RPT against the State of Texas, alleging that the current law infringes on the party's First Amendment right to free association.
The issue regards whether Texas Republicans can restrict voting in its primaries to individuals who have affirmatively affiliated wth the party.
The motion, if granted, would allow the RPT to implement a closed primary system, similar to those in other states, where only registered party members may vote in that party's primary elections.
Paxton criticized the law as unconstitutional and emphasized that Texas voters deserve to have their political affiliations respected.
"The unconstitutional law stopping the RPT from closing its primaries is completely indefensible and a slap in the face to the Republican Party and voters," said Paxton.
He also urged the Secretary of State to accept the joint motion and create a process for the immediate implementation of closed primaries.
This legal move could have significant implications for voter participation and party control in Texas. While closed primaries may reduce crossover voting, critics argue they can limit voter engagement and reinforce partisan divides. Supporters, however, see it as a safeguard to ensure party nominees reflect the values of actual members.
The case is ongoing, but it could redefine how primary elections are conducted in Texas moving forward.
