Republicans Sue to Close Primaries in South Carolina and Texas

The South Carolina Republican Party filed a federal lawsuit on July 4, 2026, seeking to end the state's open primary system. The party argues that allowing non-Republicans to help select its nominees violates its First Amendment right to freedom of association. Under the current system, voters do not register by party and may choose which primary to enter each cycle.

South Carolina GOP Chairman Drew McKissick stated the legal action follows years of unsuccessful attempts to work with the General Assembly to pass legislation establishing partisan voter registration. Representative John McCravy noted that the legislature failed to advance a bill to close the primaries. Democratic lawmakers, including Representative Kambrell Garvin, criticized the lawsuit, arguing it attempts to restrict independent voters and consolidate political control.

Parallel legal efforts are occurring in Texas, where the Republican Party of Texas filed a lawsuit arguing for a closed primary system. On July 8, 2026, the nonpartisan organization Veterans for All Voters filed a motion to intervene in that case to defend the existing open system. The organization filed an emergency motion requesting the court hold a proposed consent judgment by Attorney General Ken Paxton in abeyance until their intervention is considered. Veterans for All Voters argues that independent voters and veterans should not be shut out of taxpayer-funded elections.