Introduction to Texas Primary Elections
Texas Attorney General Ken Paxton has thrown his weight behind an effort to close the state’s Republican primary elections. This change would allow only Texas voters who have registered their affiliation with the GOP to participate in those critical March contests. In a joint motion with the Republican Party of Texas, Paxton asked a U.S. district judge in Amarillo to strike down part of the state’s election code that has kept the state GOP, as well as the Texas Democratic Party, from closing their respective primary elections.
The Motion and Its Implications
Paxton’s motion argues that the law banning closed primaries "violates their right to affiliate only with like-minded persons." The potential timeline for such a change was unclear, as well as whether it could affect the March 2026 Republican primary in which Paxton is challenging incumbent U.S. Sen. John Cornyn. U.S. Rep. Wesley Hunt, R-Houston, who also announced a challenge to Cornyn, embraced closing Texas primaries to ensure the state’s Republicans choose their nominees free of outside influence.
Reactions from Politicians
Cornyn gave a one-sentence answer when asked about Paxton’s push for closed primaries, stating, "He ought to represent his client." On Friday, Cornyn responded on X to a statement from Republican Party of Texas Chairman Abraham George, in which George thanked Paxton for supporting closed primaries. Cornyn posted, "We need to ensure every Trump voter is able to participate in the Republican primary in Texas, and I have complete and total faith in [Texas Gov. Greg Abbott] and his team to do so."
Public Opinion and Support
Public polling has shown robust support for Paxton among the state’s most conservative Republicans. He has garnered strong opposition among Democrats for his politics, as well as some of his Republican colleagues for his legal and ethical troubles. It was a GOP-dominated House that voted to impeach Paxton in May 2023. He was acquitted by the Texas Senate later that year.
The Lawsuit and Its Progress
Paxton argues in his motion that the law violates the constitutional right to free association because it allows people outside the party to join the group’s decision-making process when it comes to selecting candidates to nominate in the November general elections. If the judge agrees, the decision would allow both parties to hold closed primaries. The motion comes as part of a lawsuit the Republican Party of Texas filed against the state and Secretary of State Jane Nelson over the issue. Democrats have not made any similar moves.
Current State of Primary Elections in Texas
Voters in Texas don’t register with a political party and are allowed to vote in either party’s primary, as long as they don’t vote in both. Under current law, the secretary of state can’t close primaries without authorization from the Legislature. Leaders inside the Texas GOP had urged lawmakers earlier this year to change Texas law to allow Republicans to close their primary elections, but no bills were passed to do so.
The Significance of Primary Elections
Because most Texas political districts are drawn to lean heavily toward one party or the other, the vast majority of elections are decided during the March primaries. These elections are often the only time voters in the minority party have any voice in who to send to Austin or Washington. At the same time, primary elections have historically low turnout, with the percentage of eligible voters participating often in the single digits, which means that most of Texas’ politicians are decided by a tiny sliver of voters.
Turnout in Recent Elections
In 2024, turnout in the GOP presidential primary was less than 13%, compared to 61% in the general election. The 2022 midterm election had only 11.3% in the primary for governor, won by incumbent Gov. Greg Abbott, and nearly 48% in the general election. Texas primaries mimic general elections because votes are collected and counted by the secretary of state and county election officials. Though filing fees help offset the cost, most of the expenditures for primary elections are picked up by taxpayers. A closed nominating process could result in Republicans staging and paying for their primaries.
Concerns Over Crossover Voters
Conservative grassroots have, in recent years, been increasingly bitter over the idea that so-called "crossover voters" can have a say in their elections without somehow proving that they’re actually Republicans. The issue hit new levels of angst in March 2024 when former Texas House Speaker Dade Phelan, a Republican so crosswise with his own party that President Donald Trump endorsed his primary challenger, still eked out a primary victory in his Beaumont district.
Recent Developments
In the summer of 2024, state convention delegates in San Antonio called for closed primaries and changed party rules to allow elected officials censured by state or local parties to be banned from primary ballots. Paxton said in a statement, "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. I am in total agreement with the RPT that this law is deeply flawed and a violation of the First Amendment. I’ve filed this joint motion with the court because this section of our Election Code should immediately be struck down. Many other states have closed primaries, and there is absolutely no reason that Texas shouldn’t have the freedom to join them."
Conclusion
The effort to close Texas primary elections has sparked significant debate and discussion among politicians and voters alike. The outcome of this lawsuit and the potential changes to the state’s election code will have far-reaching implications for the future of Texas politics. As the state navigates this complex issue, it is essential to consider the potential consequences of closed primaries on voter turnout, party affiliation, and the democratic process as a whole.
FAQs
Q: What is the current state of primary elections in Texas?
A: Currently, voters in Texas do not register with a political party and can vote in either party’s primary, as long as they don’t vote in both.
Q: What is the proposed change to Texas primary elections?
A: The proposed change would allow only Texas voters who have registered their affiliation with the GOP to participate in Republican primary elections.
Q: Who is behind the effort to close Texas primary elections?
A: Texas Attorney General Ken Paxton and the Republican Party of Texas are behind the effort to close Texas primary elections.
Q: What are the potential implications of closed primaries on voter turnout?
A: Closed primaries could potentially lead to lower voter turnout, as only registered party members would be allowed to participate.
Q: How do other states handle primary elections?
A: Many other states have closed primaries, which allow only registered party members to participate in primary elections.
Q: What is the timeline for the proposed change to Texas primary elections?
A: The timeline for the proposed change is currently unclear, and it is uncertain whether it will affect the March 2026 Republican primary.
