Texas Scorecard by Brandon Waltens October 9, 2025
The attorney general called on Secretary of State Jane Nelson to stop opposing the case.Attorney General Ken Paxton has joined the Republican Party of Texas in its legal effort to close the state’s GOP primary elections, filing a joint motion with the party to strike down what it calls an unconstitutional provision of the Texas Election Code.
The motion, filed Thursday, supports the party’s ongoing lawsuit against the State of Texas and Secretary of State Jane Nelson. That lawsuit argues that Texas’ open primary system—which allows Democrats and independents to vote in Republican primaries—violates the GOP’s First Amendment right to free association.
“This 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. “I am in total agreement with the RPT that this law is deeply flawed and a violation of the First Amendment.”
Paxton’s motion urges the court to declare the relevant sections of the election code unconstitutional and allow the Texas GOP to limit participation to those who have affiliated with the party.
In states with closed primaries—such as Florida, New York, and Kentucky—voters must declare their party affiliation in advance, often as part of their voter registration, to participate in that party’s primary election. That means only registered Republicans can vote in Republican primaries and only registered Democrats in Democrat primaries—unlike Texas’ current system in which voters can choose either ballot on election day without party registration.
More:
https://texasscorecard.com/state/exclusive-paxton-backs-texas-gop-opposes-secretary-of-state-in-lawsuit-to-close-primaries/
