Robert Howden, the new Texas secretary of state, said in a legal filing Monday that he would continue to defend the state’s open primary system, putting him at odds with the Texas GOP in the lawsuit filed by the party last year.
“The only thing that has changed in this case is the name of the defendant,” lawyers for the state agency wrote, emphasizing that the secretary would “gladly implement statutory changes” if passed by the Legislature.
Republicans in Texas, worried about the moderating influence of Democrats and independents crossing over to GOP races, want to require voters to register with a party before they’re allowed to participate in primaries.
Last year, the Texas GOP sued to strike down the current open primary system, under which eligible Texans register to vote without declaring a party affiliation. Attorney General Ken Paxton sided with the party, leaving then-Secretary of State Jane Nelson to find her own legal representation for the agency. Nelson, a Republican and former state senator, said in legal filings at the time that this was a decision best left to the Legislature.
In the months since, this idea spawned by the conservative grassroots has garnered widespread support from state leaders. At the Texas Republican Convention in June, Gov. Greg Abbott addressed the issue to a cheering crowd, saying he wants to “make clear that in the future, only Republicans vote in Republican primaries.” He later told Texas Scorecard that this was an issue for lawmakers, who “can and should be more responsive to Republicans than a judge may be.”
A spokesperson for Abbott, who appoints the secretary of state, did not respond to a request for comment.
Many in the party celebrated Nelson’s retirement last month as an opportunity for the agency to change its position in the lawsuit. But Howden, Abbott’s former legislative director, is staying the course.
“This issue can and will be resolved by the Legislature in the coming months,” he said in the filing, noting that the Legislature is the right venue for “thoughtfully crafting the detailed scheme that would govern it.”
The lawsuit, which was filed in federal court in Amarillo, has been a major financial weight on the party. After the convention, the new chair, D’rinda Randall, reported that the party’s largest unpaid debt was to cover the legal fees associated with this lawsuit.
The Texas GOP did not respond to a request for comment.
Disclosure: Texas Secretary of State has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in The Texas Tribune’s journalism. Find a complete list of them here.
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