Texas Republican Party Sues State Over Open Primary System, Citing First Amendment Violations

In a move to reshape how Republican nominees are chosen in Texas, the Republican Party of Texas (RPT) and precinct chair Chip Hunt filed a federal lawsuit today against the State of Texas and Texas Secretary of State Jane Nelson. The complaint, filed in the U.S. District Court for the Northern District of Texas (Amarillo Division, Case No. 2:25-cv-00200-Z), argues that Texas’s open primary election system violates the RPT’s First Amendment right to freedom of association by allowing non-Republicans to vote in its primaries. The plaintiffs are seeking a court declaration to strike down the open primary system and pave the way for closed primaries, where only registered Republicans can select party nominees.

The Heart of the Dispute: Open Primaries and Crossover Voting

Texas’s primary election system, governed by the Texas Election Code, allows any registered voter—regardless of party affiliation—to vote in either the Republican or Democratic primary by simply requesting that party’s ballot. This “open primary” system, enforced by Secretary Nelson, means independents and even Democrats can influence who becomes the Republican nominee for public office. The RPT contends this setup infringes on its constitutional right to determine its own membership and choose nominees who reflect its values, citing landmark U.S. Supreme Court cases like California Democratic Party v. Jones (2000) and Democratic Party of the U.S. v. Wisconsin ex rel. La Follette (1981).

The lawsuit highlights “crossover voting” as a core issue, where non-Republicans strategically vote in Republican primaries to sway outcomes. Studies cited in the complaint show crossover voting rates in open primary states ranging from 10% to as high as 49%, with Texas’s Republican dominance making it particularly vulnerable. Since 1994, no Democrat has won a statewide office in Texas, and Republicans have controlled the state legislature since 2003, making Republican primaries the “only game in town” in many races. This dynamic, the RPT argues, encourages Democrats and independents to vote for moderate or weaker Republican candidates to either align with their preferences or boost Democratic chances in general elections.

In the 2024 Republican primary runoff for Texas House Speaker Dade Phelan, won by 389 votes out of 25,000 cast, with the RPT claiming nearly 9% of voters were “known Democrats.” Similarly, State Representative Gary VanDeaver’s 2024 primary win by 763 votes in a district with no Democratic opponent suggests crossover votes may have tipped the scale. RPT argues these outcomes distort its ability to select nominees who truly represent its platform and force candidates to moderate their messaging to appeal to non-Republicans.

The Push for Closed Primaries: Rule 46

In response to member outcry and a 2024 primary ballot proposition where 73% of voters supported closing primaries, the RPT adopted Rule 46 in 2024, later strengthened in 2025. The rule restricts voting in Republican primaries to U.S. citizens eligible to vote in Texas who are registered as Republicans with the Secretary of State. “Only Republicans should pick Republican nominees,” the RPT declared in a press release, emphasizing that open primaries allow “Democrat interference” that weakens candidates and dilutes party values.