Veterans for All Voters Seeks to File Amicus Curiae Brief in Opposition to Texas Republican Party Lawsuit that Demands a Closed Primary

Posted on by May 21, 2026

On May 21, Veterans for All Voters asked a U.S. District Court to let it file this amicus curiae brief in Hunt v State, n.d., 2:25cv-200. This is the lawsuit filed last year by the Texas Republican Party. The party believes the First Amendment should be interpreted to let the Texas Republican Party have a closed primary. The Texas Attorney General won’t defend Texas’ open primary law, but the Texas Secretary of State has been defending the existing law.

The Texas Republican Party won’t agree to let Veterans for All Voters file the amicus, so the judge will need to decide whether to let the amicus be filed. The amicus points out that Texas doesn’t have registration by party.

Comments

Veterans for All Voters Seeks to File Amicus Curiae Brief in Opposition to Texas Republican Party Lawsuit that Demands a Closed Primary — 20 Comments

  2. The Texas Republican Party seems to want the court to force the state to put a question about party membership on the voter registration form.

  7. see olde tx white primary cases in scotus

    party gangs are N-O-T independent empires re elections

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  17. TX WHITE PRIMARY CASES IN 1928-1932 WERE DECIDED BY TOTAL M-O-R-O-N-S WEARING BLACK ROBES OVER THERE DIAPERS IN THE DAY AND WHITE ROBES AT THE CROSS LIGHTING AT NITE !!!

  18. The AZ SPAMBOT program has not been updated to reflect the facts that every major combatant nation in WWII on both sides was led by racists, that Imperial Japan – which fought on the side of the NazIs- was the only major combatant not led by WHITE racists, that Hitler’s biggest regret towards the end of the war was not allying even more closely than he already had with the multiracial Muslim world, that there were negroes and orientals, including entire units, fighting for Nazi Germany and Hitler, that US negroes fought in segregated, separate and definitely not equal units, that Churchill was at least as racist as Hitler, that Persians were honorary Aryans in Nazi Germany, and many other such facts.

  19. @AZ,

    Let’s review the White Primary cases.

    (1927) Nixon v. Herndon. A Texas law passed in 1923 forbade Blacks voting in the Democratic Primary. At that time, the Democratic Primary was truly a private activity, totally funded by the party through filing fees. At that time, the Republicans had never nominated by primary. While any party could nominate by primary, they had to pay for it themselves. In the 1924 election, Calvin Coolidge had enough coattails to get the Republican gubernatorial candidate across the threshold to require a Republican primary in 1926. The Democratic primary was considered an independent empire in 1924, except it was technically a state action that prevented Blacks from voting in the Democratic primary (the Texas Legislature was 180D-1R at the time). So the legislature was de facto elected in the Democratic primary, which then ordered the Democratic primary to forbid blacks from voting in “their” primary.

    (1932) Nixon v. Condon. In response, the Texas Legislature then passed a law empowering the State Executive Committee of each party to determine who may participate in their nominating activities. The TDP state executive committee then voted to bar Blacks from voting in the Democratic Party. The SCOTUS in a 5-4 decision decided this was a state action since it empowered a party executive committee to control participation in its primary. The statute was passed by the 1927 legislature immediately after the Nixon v. Herndon decision.

    (1935) Grovey v. Townsend. In response, the 1932 state convention of the TDP then voted to bar Blacks voting in the Democratic primary. The SCOTUS determined that this was not a state action, and that as a private association the Democratic Party could determine its membership.

    (1944) Smith v. Allwright. This decision effectively overturned Grovey v. Townsend. Based on United States v. Classic, the SCOTUS ruled that the role of nominations in the general election, made the partisan primaries state actions even if administration and funding were delegated to private associations.

    (1986) Tashjian v. Republican Party of Connecticut. Ruled that the Republican Party could permit independent voters to vote in federal nomination contests. Note that this decision violates Article I, Section 2, first Paragraph (see Stevens-Scalia dissent).

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