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Texas Attorney General Refuses to Defend His State’s Open Primary
Texas Attorney General Ken Paxton is taking the extraordinary step of refusing to defend the state’s election laws and the Texas secretary of state <[link removed]> in a federal lawsuit filed by his own political party and encouraging the state SOS Jane Nelson to follow his lead.
The lawsuit, filed last month in the U.S. District Court in Amarillo, seeks to end Texas’s long-standing combination of nonpartisan voter registration and open primaries which allows all registered voters, including independents, to participate in either party’s primary with a completely closed primary system.
As a result, the SOS has hired private counsel to defend the suit. Open Primaries and our legal partners have reached out to her, and she assures us she will be vigorously defending the suit. We’ll be staying in close touch with them as the case progresses.
Meanwhile, in a feature piece for the Austin-American Statesman <[link removed]>, OP SVP Jeremy Gruber warns voters in the Lone Star State that adopting a New York style closed primary would be a serious mistake.
As he cautions:
The Independent Exodus
For years, the media has characterized independent voters as “party leaners” or apathetic fence-sitters too lazy to “pick a team.” Yet every day, thousands of Americans continue to become independent voters; now the largest and fastest growing group of voters in the country. And independents are making noise, expressing their concern about being locked out of primary elections, running for office, and building new organizations and initiatives. All of which is to say they’re getting much harder to ignore. Enter CNN. With great fanfare, they released a “new and improved” <[link removed]>taxonomic understanding of independents this past week, which, on the surface, seems to take independent voters more seriously and breaks them down into five distinct groups.
But as Open Primaries President John Opdycke declares in a new editorial <[link removed]>, CNN is just perpetuating old attitudes and mythologies about independent voters in new packaging.
As he concludes <[link removed]>:
The Constitutionality of Closed Primaries Is One Big Step Closer to the Supreme Court
This week the Supreme Court denied cert in the case of Polelle v.Byrd; a case challenging Florida’s closed primary in the federal courts. It was not an unexpected outcome. The Court only grants cert to roughly a hundred of the close to 10,000 cert petitions it receives each year and often denies cert to allow more lower courts to weigh in on an issue.
The Pollele case has broken significant new ground, including a very important win on standing, that will propel primary reform litigation to an all new level. OP SVP Jeremy Gruber, who leads our litigation team, breaks down in IVN all the ways this case represents a major step forward in the fight to win open primaries in court. As he notes <[link removed]>:
Check out his piece here. <[link removed]>
And if you want to hear more, join our virtual discussion at 2:30pm today <[link removed]> where Gruber and several of the attorneys leading primary reform litigation across the country will discuss the fight for open primaries in court.
Senator Joe Manchin
Former West Virginia Senator Joe Manchin released his memoir, Dead Center: In Defense of Common Sense <[link removed]> last month, and he’s been barnstorming the country ever since to talk about the book’s key themes of the need for common sense and bipartisanship in today's highly polarized political landscape. It’s an important book and we encourage you to read it.
In it, he describes his political stance as representing a "sensible majority" of Americans who are tired of partisan extremes and gridlock. And as the Senator sees it, a key engine for reform needs to be open primaries. Check him out on CNN’s Smerconish explaining why:
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Poll Finding Florida independents and Democrats Strongly in Favor of the Democratic Party Opening its Primary is Blowing Up in the Media
As we reported last week, a new poll <[link removed]> of Florida independents and Democrats by Florida Open Primarie <[link removed]>s in conjunction with Open Primaries and our Let Us Vote campaign <[link removed]> has found overwhelming support in the Sunshine State for the state Democratic Party to open its primary; a move that party leaders have announced they’re contemplating.
The poll has been grabbing headlines all week with over a half dozen outlets across the state covering it as well as national coverage on Yahoo. Check out this great piece from Mitch Perry of the Florida Phoenix. <[link removed]>
More and more journalists are reaching out to state Democratic Party leaders for comment, and Florida Open Primaries is organizing a statewide pressure campaign. Click here to learn more and get involved <[link removed]>.
Kentucky Independents Reach Out
Kentucky independent leader Mark Ritter has been hitting high schools across the state to talk about closed primaries. He’s organizing a new generation of Kentucky voters-over half of whom are registering independent- on the need for reform.
Stay tuned for new developments coming out of Kentucky as Open Primaries Let Us Vote campaign <[link removed]> takes root in the Bluegrass state.
Oklahoma Campaign Is On A Roll
Meanwhile, the Yes on 836 campaign <[link removed]> for top two open primaries is preparing to begin gathering signatures to get on the 2026 ballot starting October 29th after the state SOS has officially assigned a start date. <[link removed]> They only have a 90 day window to do it, but campaign leaders are unfazed:
Open Primaries has been a staunch partner of the campaign from its inception. You can support the campaign HERE <[link removed]> and we’ll keep you updated on its progress.
Open Primaries is growing and we’re excited to announce two new staff joining our team.
Our New National Organizer:Bree Doldron
Bree is an organizer at heart and has advised several mission-driven organizations on navigating complex policy landscapes, designing programs, and building strategies that drive measurable social impact. She helped lead voter outreach initiatives in Pennsylvania in advance of the 2024 presidential election, utilizing evidence-based methods to foster meaningful conversations and inspire civic participation.
Our New Digital Communications Director:Jesse Shayne
Some of you may remember Jesse, who brilliantly ran our digital communications platforms 7 years ago. With now more than ten years of experience leading digital programs for nonprofits and advocacy groups, Jesse is back and passionate about combining technology, storytelling, and organizing to spark meaningful change.
Please join us in welcoming Bree and Jesse!
Have a great weekend,
The Open Primaries Team
<[link removed]> <[link removed]> <[link removed]> <[link removed]> <[link removed]>Open Primaries · 244 Madison Ave, #1106, New York, NY 10016, United States
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