Austin, TX – Texas Republicans spent years demanding control of their own primary. Now they have a new Secretary of State, Robert S. Howden, appointed by Republican Governor Greg Abbott, and the man taking over the state’s election machinery is inheriting a lawsuit in which his office is expected to defend the very open primary system the GOP wants to dismantle.
The Republican Party of Texas filed the federal lawsuit in September 2025, arguing that Texas’ open primary system violates the party’s First Amendment right of association. Under the current system, Texas voters do not register by party and may choose which party’s primary to vote in during an election cycle. The GOP wants only registered Republicans participating in Republican primaries.
The case is pending in federal court in Amarillo before U.S. District Judge Matthew Kacsmaryk.
And Robert S. Howden has now inherited it.
Howden Steps Into the Fight
Gov. Abbott appointed Howden as Texas’ 116th secretary of state on July 17, effective July 18. Howden previously served as Abbott’s senior adviser and director of legislative affairs and has worked in the administrations of four Republican governors. As secretary of state, he is Texas’ chief elections officer.
Abbott has been quite clear about where he stands.
At the 2026 Republican Party convention, he said Texas would eventually make clear that “only Republicans vote in Republican primaries.” Abbott has also said lawmakers “can and should be more responsive to Republicans than a judge may be,” indicating that he expects the Legislature to address the issue during the 2027 session.
But that doesn’t mean the Secretary of State’s office is supposed to simply surrender in court.
That was the position taken by Howden’s predecessor, Jane Nelson.
Nelson argued that changing Texas’ primary system was a job for the Legislature, not a federal judge. In an October 2025 statement, she said it was her responsibility to defend existing election laws and that she would implement whatever changes the Legislature lawfully enacted.
The Attorney General’s office took the opposite position.
Attorney General Ken Paxton sided with the Texas GOP, asking the federal court to strike down portions of the Texas Election Code governing open primaries. According to reporting by The Texas Tribune, Nelson’s lawyers said Paxton’s office gave them less than an hour’s notice before taking the opposing position.
So the Republican Party sued the Republican-controlled state government. The Republican Attorney General joined the plaintiffs. And the Republican Secretary of State fought the lawsuit.
That’s not exactly the tidy party unity politicians like to advertise.
The Real Fight Is Over Who Controls the Nomination
The GOP argues that crossover voting allows Democrats and independents to influence Republican nominations, potentially helping candidates who are less conservative than the party base.
The lawsuit specifically pointed to the 2024 Republican primaries involving former House Speaker Dade Phelan and Rep. Gary VanDeaver. Both won their races by fewer than 800 votes, and the party argued that crossover voters helped determine the outcomes.
The party has already made closing primaries an official priority. Republicans adopted rules supporting closed primaries in 2024 and renewed that push at their 2026 convention.
But changing the system is not as simple as flipping a switch.
Texas has more than 18 million registered voters, and the state’s registration system was never designed around party registration. Moving to closed primaries could require new registration procedures, computer-system changes and a method for existing voters to establish party affiliation.
The GOP wants the courts to clear the way, preferably in time for 2028.