Secretary of State Jane Nelson’s recent decision to commit more than one million dollars in taxpayer funds to defend Texas’ faulty open-primary system has placed her squarely at odds with both the Republican Party of Texas, the grassroots, and Attorney General Ken Paxton. At a moment when Republican voters have made their preferences unmistakably clear, seventy-three percent supported a 2024 ballot proposition calling for closed primaries, Nelson has chosen to resist the party’s efforts.
The Republican Party of Texas has argued, correctly, that open primaries violate its First Amendment right to free association by allowing Democrats and independents to influence Republican nominations. In response, the party filed a lawsuit seeking to end the system that permits any voter, regardless of political affiliation, to pick up a Republican ballot at the polling place. Attorney General Paxton took the principled step of joining that lawsuit rather than defending the current law, making clear that he believes the state’s position is constitutionally untenable and harmful to Republican voters.
Nelson, however, has taken the opposite approach. Rather than supporting the party’s position, she has retained two outside law firms, one with a contract for up to $250,000 and another for up to $1 million. Her decision effectively defends a structure that enables crossover voting, a practice that has long allowed left-leaning and independent voters to participate in Republican primaries and elevate moderate candidates. Maintaining this practice dilutes the will of Republican voters and empowers liberal Republicans
Nelson’s decision to oppose the party’s lawsuit represents a troubling misuse of public funds and a disregard for the clear will of Republican voters. By siding with the open-primary structure, she is defending a system that benefits political opportunists and weakens the Republican Party’s ability to define its own direction. There is no reason to spend a million taxpayer dollars to sustain a system that the party’s own members reject overwhelmingly.
Texas Republicans deserve a primary process that reflects their values, strengthens party unity, and protects the integrity of their elections. Closed primaries remain the most effective means of achieving those goals. Rather than fighting the party’s efforts, state officials should be working with the Republican grassroots to implement a system that honors their rights, respects their voice, and safeguards the future of the party.