AUSTIN — Texas’ new secretary of state urged a federal judge Monday to let the Legislature decide whether Republican primaries should be closed, asking the court to dismiss a lawsuit filed by the state GOP that seeks to limit participation to voters who register with the party.
Robert Howden, who took the post last month following the resignation of his predecessor, filed a response in federal court saying the issue belongs to the Legislature. Howden’s filing comes after U.S. District Judge Matthew Kacsmaryk recently requested clarification about the state’s position under new leadership.
Position shifts to the Legislature, not the courts
Howden told the court that Texas law currently does not require voters to register by party and that crafting any closed-primary system — including the detailed mechanics of how it would operate — should be handled by state lawmakers. His office continues to oppose the GOP’s legal effort to restrict primary ballots to party registrants.
"The Legislature is the proper forum for adopting any closed primary system,"
The Republican Party of Texas sued the secretary of state's office last year, contending that political parties should be able to exclude nonmembers from nominating contests. Party backers argue that open primaries allow voters who are not Republicans to influence GOP nomination outcomes. Opponents say the current open system respects Texans’ right to participate without formal party affiliation.
Background and recent developments
Legislative attempts to tighten the primary system stalled during the most recent regular session. When those bills did not pass, the state GOP pursued a court route, asking a federal judge to declare the open primary system incompatible with the party’s First Amendment associational rights.
The resulting lawsuit deepened tensions within state government. Former Secretary of State Jane Nelson — who stepped down — became embroiled in controversy when Attorney General Ken Paxton declined to defend the secretary of state's office and aligned with the party's position.
Howden’s argument signals continuity with Gov. Greg Abbott’s public remarks suggesting legislative action is the appropriate avenue for any change to primary voting rules. By asking the court to dismiss the case, the secretary of state is effectively urging that lawmakers take up the issue in a future session rather than having federal courts resolve it.
What could happen next
The case remains before Judge Kacsmaryk. If the court declines to dismiss, it could proceed to litigation over constitutional questions regarding party autonomy and state election rules. If the dismissal is granted, proponents of closed primaries will likely press lawmakers to introduce bills in the 2027 legislative session.
Observers note several practical and political hurdles that would confront any effort to close primaries:
- Legislative timing: The next regular session convenes in 2027, giving lawmakers months to draft proposals.
- Voter registration practice: Texas does not require party registration, which complicates any shift to a closed system.
- Implementation logistics: Election officials would need clear statutory direction on verification, provisional ballots and voter notice.
| Key Date | Event |
|---|---|
| Last year | Texas GOP filed lawsuit seeking closed primaries |
| Last month | Robert Howden appointed secretary of state |
| Monday | Howden filed court response urging dismissal |
| 2027 | Next regular legislative session |
Local reaction and stakes
The dispute has practical implications for political campaigns, party activists and county election offices. Campaign strategists in both parties base voter outreach and primary-turnout plans on who is eligible to cast a ballot. A move to close primaries would require counties to change administrative processes and potentially update voter education materials to avoid confusion on election day.
Republican activists who favor closed primaries contend that party voters should choose nominees without outside influence. Opponents warn that tightening eligibility could reduce participation and complicate ballot administration.
Howden’s filing leaves the next major decision to state lawmakers and to the federal court. For now, the secretary of state’s office is asking the judiciary to step back and let the democratic process play out in the Capitol.
Reporting from the state capital, this is Sofia Herrera for WE NEWS.
