A federal judge has paused the Republican Party of Texas’s attempt to restrict its primary elections to registered Republicans, putting the legal challenge on hold until after the state’s next legislative session.
Judge Matthew Kacsmaryk issued the stay on Friday, 18 September 2026, in the US District Court for the Northern District of Texas. He said he expected lawmakers to revisit the issue during the 2027 regular session and could succeed in changing the law.
Kacsmaryk wrote that “prominent Texas politicians support similar legislative action” and said the case should be suspended because the Texas legislature might soon amend the rules at the centre of the dispute.
Texas Republicans’ closed primary campaign
The Republican Party of Texas brought the case in September 2025 against then-secretary of state Jane Nelson, arguing that the state’s open primary system infringed its First Amendment right to choose its own nominees.
Under the current system, registered Texas voters can take part in either the Republican or Democratic primary, although they may vote in only one party’s primary during an election cycle.
Republican officials say the arrangement allows voters who oppose the party’s principles to influence the selection of Republican candidates. The party’s lawsuit argues that Texas law forces it to accept votes from people who may fundamentally disagree with its platform and candidates.
The party’s State Republican Executive Committee adopted a rule in June 2025 stating that only voters registered as Republicans should be allowed to vote in Republican primary and runoff elections.
Lawmakers also considered measures that would have required voters to formally register a party affiliation before taking part in a primary. House Bill 951 and Senate Bill 2646, which were intended to apply from the 2026 election cycle, did not become law.
Governor Greg Abbott has backed the move. Speaking at the Texas Republican Convention earlier this year, he said he wanted to ensure that “only Republicans vote in Republican primaries”.
Nelson left office in June after facing pressure from some Republicans who wanted Mr Abbott to remove her. She had maintained that changes to the state’s election laws had to be made by the legislature.
Her successor, Robert Howden, has said the state would continue defending the open primary system. In a filing submitted in August, his office argued that the only change in the case was the identity of the defendant.
What the ruling means for Texas primary elections
The judge’s decision does not resolve whether the Republican Party can close its primaries through party rules or whether legislation would be required. Instead, both sides must provide an update on the case after the next legislative session.
Kacsmaryk also questioned whether Texas operates a completely open primary system, noting that voting in one of the state’s primaries creates “some level of party affiliation” for that election cycle.
For now, the existing rules remain in place, allowing registered voters to choose which party’s primary they wish to enter. Any lasting change would depend on action by the Texas legislature or a later decision in the federal case.
