Attorney General Ken Paxton filed a joint motion with the Republican Party of Texas (“RPT”) to strike down an unconstitutional provision of the Texas Election Code that stopped the RPT from ensuring that participation in the Republican primary is reserved specifically for individuals who have taken steps to affiliate with the Republican Party.
This joint motion, which would allow the Texas GOP to close its primaries—as it’s commonly referred to—comes in response to the RPT suing the State of Texas for violating its First Amendment right of association. Attorney General Paxton and the RPT have now asked the court to stop this egregious violation of the First Amendment, declare the Texas Election Code section barring closed primaries unconstitutional, and allow the Texas GOP to exclude anyone who does not associate with the party from participating in and unduly impacting its primary elections.
“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. The Secretary of State must follow the Constitution by swiftly implementing this consent decree. Instead of fighting this lawsuit with expensive out-of-state lawyers, the Secretary of State’s office should respect the will of Texas voters and defend their freedoms by creating a process that will allow the RPT to immediately close its primaries,” said Attorney General Paxton. “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.”
To read the joint motion for entry of consent judgment, click here.
To read the proposed order and final judgment, click here.