Ken Paxton Supports GOP Effort to Close Texas Primaries

Texas Attorney General Ken Paxton is supporting the Republican Party of Texas in its federal lawsuit seeking to restrict participation in the party’s primary elections. In a joint motion filed Thursday, Paxton’s office argued that state law unconstitutionally blocks the GOP from limiting its primary to registered Republicans.

Paxton also urged the Texas Secretary of State’s Office to stop fighting the lawsuit and implement the proposed changes. “The Secretary of State must follow the Constitution by swiftly implementing this consent decree,” Paxton said in a statement.

Despite typically representing state officials in legal matters, Paxton has declined to defend Secretary of State Jane Nelson in this case. The Houston Chronicle reported that Nelson’s office has hired outside counsel from the Underwood Law Firm and Clement & Murphy to represent the office in court.

Currently, Texas primaries are open, allowing voters of any party to participate. The Republican Party’s lawsuit aims to move to a closed system, arguing that open primaries allow non-Republicans to influence GOP nominations.

If successful, Texas would join 14 other states that restrict primary voting to registered party members only.

The Secretary of State’s office has stated that preparations for the March 3, 2026, primaries are continuing under existing state law, said Alicia Pierce, a spokesperson for the Secretary of State.