08/12/2026
From The Texas Voice:
Legislature Should Resolve Closed Primaries, Says New SOS
Posted by Mark McCaig on 11 August, 2026
New Secretary of State Robert Howden told a Federal court he opposes a proposed consent judgment closing Texas primaries and still wants the Texas GOP’s lawsuit dismissed
Howden argues the Legislature, not the courts, is the right forum to implement a closed primary system
The lawsuit has been expensive: the Texas GOP owes its law firm over $191,000, while the Secretary of State’s office has paid outside counsel over $521,000
In a court document filed yesterday, new Texas Secretary of State Robert Howden stated his opposition to a proposal by the Republican Party of Texas and the Texas Attorney General’s Office to impose a Consent Judgment that would implement a closed Primary election.
Last year, the Republican Party of Texas, along with Amarillo Republican activist Chip Hunt, filed a lawsuit seeking to have portions of the Texas Election Code that require open primaries to be held unconstitutional. In October, the Party – joined by the Texas Attorney General’s office – filed a Joint Motion for Entry of Consent Judgment that asked United States District Judge Matthew J. Kacsmaryk to “enter a final judgment declaring that: (1) the current open primary system is in violation of Plaintiffs’ First Amendment rights; (2) that the Republican Party of Texas is entitled to identify those who associate with the Party and to exclude those who do not associate with the Party from participating in a primary election selecting the Party’s nominees for the general election ballot; and (3) that Texas Election Code sections 162.002, .003, 172.001, and .002 are unconstitutional to the extent that they interfere with the rights of the Republican Party of Texas and Chip Hunt.”
Jane Nelson, Howden’s predecessor as Texas Secretary of State, opposed the Motion for Entry of Consent Judgment and filed a motion to dismiss the Republican Party of Texas’ lawsuit.
Last week, Judge Kacsmaryk issued an order noting that “It has come to the Court’s attention that Jane Nelson is no longer the Secretary of State of Texas”, and ordering Howden to file a notice with the Court advising whether the Secretary of State was still represented by the same outside lawyers that represented Nelson, whether he still opposed the Motion for Consent Judgment sought by the Republican Party of Texas and the Texas Attorney General’s office, whether he still sought to have the Party’s lawsuit dismissed, and “any other information relevant to the Secretary of State’s position regarding the resolution of this case.”
Howden, who was sworn in as Secretary of State on July 20, advised the Court that the same outside lawyers still represented him. In response to the questions about whether the Secretary still opposed the Motion for Consent Judgment and still sought to have the lawsuit dismissed, Howden stated, “Yes, but the Secretary believes that this issue can and will be resolved by the Legislature in the coming months.”
He also stated, “The Secretary continues to believe that the Legislature is the proper forum for adopting any closed primary system and thoughtfully crafting the detailed scheme that would govern it.”
Governor Greg Abbott, Lt. Governor Dan Patrick, and House Speaker Dustin Burrows have all indicated support for closed primary elections in recent months. At the Republican Party of Texas State Convention in June, Governor Abbott told attendees, “We are going to make clear that, in the future, only Republicans vote in Republican Primaries.”
In response to Howden’s filing, the Republican Party of Texas tweeted, “Our intent remains to Close Primaries and we need your help to make that happen. DONATE TODAY!”
The litigation has come at significant cost to both the Party and Texas taxpayers. In its most recent campaign finance report filed with the Federal Election Commission, the Republican Party of Texas reported owing an outstanding debt of $191,428.60 to Lehotsky Keller Kohn LLP. This law firm represents the Party in the closed primary lawsuit. The amount due is in addition to the $90,000 that the Party paid to the law firm on November 26, 2025.
According to data from the Texas Comptroller’s office, the Texas Secretary of State’s office has paid $521,929 to two law firms that represent it in the lawsuit. The bulk of that – $516,219 – has been paid to Clement & Murphy PLLC, a law firm based in the Washington, DC area that specializes in high-stakes federal litigation. James Y. Xi, the Clement & Murphy Partner who is lead counsel for the Secretary of State, charges an hourly rate of $1,500.
The post Legislature Should Resolve Closed Primaries, Says New SOS appeared first on The Texas Voice..
