AUSTIN, TX – Texas Attorney General Ken Paxton has filed a joint motion with the Republican Party of Texas (RPT) seeking to invalidate a provision of the Texas Election Code that prevents the party from limiting participation in its primary elections to affiliated Republicans.
The motion supports the RPT’s lawsuit against the State of Texas, in which the party argues that the current law violates its First Amendment right of association by forcing it to allow non-affiliated voters to participate in its candidate selection process.
Attorney General Paxton and the RPT are asking the court to declare the contested provision unconstitutional, prohibit its enforcement, and allow the party to implement procedures that restrict primary participation to individuals who have affirmatively affiliated with the Republican Party.
“The unconstitutional law stopping the RPT from closing its primaries is completely indefensible and a slap in the face to the Republican Party and voters,” Paxton stated. “I am in total agreement with the RPT that this law is deeply flawed and a violation of the First Amendment. I’ve filed this joint motion with the court because this section of our Election Code should immediately be struck down. Many other states have closed primaries, and there is absolutely no reason that Texas shouldn’t have the freedom to join them.”
The motion also criticizes the Texas Secretary of State for opposing the lawsuit and calls for immediate implementation of a consent decree to close the Republican primary system. The case remains pending before the court.
