A federal judge has paused a lawsuit from the Republican Party of Texas seeking to limit its primary elections to voters registered with the party, keeping the case on hold through the next Texas legislative session.
U.S. District Judge Matthew Kacsmaryk issued the stay Friday and said he expects the Legislature to consider legislation addressing closed primaries during its 2027 regular session. He noted that lawmakers failed to enact such legislation during the previous session.
Kacsmaryk cited support from prominent Texas Republicans for similar legislation in 2027.
The Texas GOP filed the lawsuit in 2025 against then-Secretary of State Jane Nelson, arguing that the state’s primary system violates the party’s First Amendment right to association because registered voters can participate in either party’s primary without registering with a party.
The party voted in 2025 to close its primaries. Gov. Greg Abbott also called for limiting Republican primary voting to Republicans during this year’s Texas Republican Convention.
Secretary of State defends current system
Nelson left office in June, and Gov. Greg Abbott appointed Robert Howden as her successor. Howden’s office has said it will defend Texas’ existing primary laws.
“The only thing that has changed in this case is the name of the defendant,” the Secretary of State’s Office said in an August 2026 court filing.
Texas currently does not require voters to register with a political party. Registered voters can choose which party’s primary to participate in during an election.
Kacsmaryk noted that Texas’ system may differ from a “pure” open primary because participation in a Texas primary creates a record of affiliation with that party for the election cycle.
The judge ordered the parties to provide an update after the 2027 legislative session.
The Texas GOP lawsuit seeks to change how the state conducts party primaries, while the Secretary of State’s Office continues to defend the current system in court.
