Robert Howden, the 166th Texas Secretary of State who was appointed in late July this year, confirmed this week that his office will continue to oppose the Republican Party of Texas lawsuit seeking to close the state’s primaries.
On Monday, the U.S. District Judge for the Northern District of Texas ordered Howden to serve a formal court notice, as he had just stepped into the role, succeeding Jane Nelson, who was named as the original defendant in this case. In that filing, Howden confirms that the Secretary of State’s office will continue to seek dismissal of the lawsuit, and his attorney goes on to state, “ the only thing that has changed in this case is the name of the defendant.”
The filing, however, notes that Howden’s office would readily accept and implement statutory changes enacted by the Legislature. Because of the separation of courts and legislature, the Secretary of State believes that bypassing the legislature to implement changes to the state’s statutes can and will be dangerous. There has been heavy support to close Republican primaries from Governor Greg Abbott, Lieutenant Governor Dan Patrick, and House Speaker Dustin Burrows, all noting that there is time before the Legislative session in January 2027 and the 2028 primary cycle.
In September of 2025, the Republican Party of Texas sued the Texas Secretary of State and the State of Texas over the current open primary voting system, which allows registered voters who identify as Independent or Democrat to vote in Republican primary elections, thereby violating the party’s First Amendment right as an association.
The case remains pending in Amarillo, and the Republican Party of Texas has noted high litigation costs becoming a financial burden. As the 2026 midterm elections approach and the attention shifts to the legislative session, the window to change current voter registration rules before the next major cycle is rapidly closing.