With new rules, the Texas GOP seeks to keep its elected officials in line

The state party plans to limit primaries to registered Republicans and keep elected officials it censured off the ballot. It’s unclear if it can without legislative approval.

By James Barragán, The Texas Tribune

Republican voters in Texas sent a strong message this primary season about their expectations for ideological purity, casting out 15 state House GOP incumbents who bucked the grassroots on issues like school vouchers or the impeachment of Attorney General Ken Paxton.

At the same time this spring, the party itself has been making moves beyond the ballot box to keep its elected officials in line.

At its biennial convention last month, the Texas GOP tried to increase its party purity by approving two major rules changes: One would close the Republican primary elections so that only voters the party identifies as Republicans can participate. The other would bar candidates from the primary ballot for two years after they had been censured by the state party.

Jon Taylor, a political science professor at the University of Texas at San Antonio, said the moves are clear political shots by the increasingly dominant right wing of the party to root out dissenters and shape the party in its image.

“It says something about this battle, this civil war that’s broken out in the Republican Party of Texas that one side has gotten so concerned that they haven't been able to solidify their control of the party that they want to close their primary,” he said.

But the ideas have drawn pushback from inside and outside the party, with many questioning whether the GOP has the power to enact them without action from the state Legislature.

James Wesolek, a spokesperson for the Republican Party of Texas, said the party will be pursuing the policies regardless. He added that “an overwhelming majority” of Republican voters supported the ideas when they were included as propositions in the GOP primary this year.

“We hope the legislature takes action, but we will move forward as our rules dictate,” Wesolek said in an email last week.

Questions remain about how that would work.

Eric Opiela, a longtime Republican who previously served as the state party’s executive director and was part of the rules committee at this year’s convention, said moving forward on closing the primary without legislative action would lead to legal challenges.

Because party primaries are publicly financed and perform the public service of selecting candidates for elected office, they must adhere to the state’s election law, said Opiela, who has also served as a lawyer for the state party.

Currently, any voter can participate in a Democrat or Republican primary without having to register an affiliation. Without a change to state law, the Texas GOP could open itself to liability if it barred voters from participating in its primary elections, Opiela said.

Under the rules approved by the GOP, a voter would be eligible to cast a ballot in a primary if they voted in a GOP primary in the past two years or submitted a “certificate of affiliation with the Republican Party of Texas” prior to the candidate filing period for that election. They also could register with the state party, though the party hasn’t yet unveiled a process to do so.

A voter under 21 could also vote in the primary if it were their first primary election.

But critics are concerned that the party is underestimating the amount of work required to vet a person’s voting history. And Opiela also said that there are concerns about how to provide proper notification to new voters, especially military voters, who might have recently moved into the state and are not covered under the proposal as written. He said such concerns are why these changes should be left to the Legislature, where lawmakers can consider obstacles to implementation and come up with solutions.

“I don’t know that the process was given much thought,” said Opiela. “Those of us who have run an election know that this isn’t easy to pull off.”

Texas is among 15 states that currently have open primaries, according to the National Conference of State Legislatures. Ten states currently have closed primaries.

Closed primaries are a particularly hot topic in the GOP due to frustration among some in the conservative grassroots over House Speaker Dade Phelan’s primary runoff victory.

Phelan oversaw the passage of major conservative victories including restricting abortion and loosening gun laws in recent years. But he has become a target of the hard right for failing to pass school voucher legislation, appointing some Democrats to chair legislative committees and presiding over the impeachment of Paxton, who is a darling of the hard right.

He finished second in his March primary, but won his primary runoff against right wing candidate David Covey by fewer than 400 votes. Covey and his supporters blamed Phelan’s victory on Democratic voters who crossed over into the GOP primary runoff to vote for Phelan.

It’s difficult to say whether that’s true; Texas doesn’t track party registration. About 4% of the people who voted in the GOP primary this year had most recently voted in the Democratic primary, according to data compiled by elections data expert Derek Ryan, a Republican. But party leaders, such as recently departed party Chair Matt Rinaldi, have pointed to the Phelan race as a reason for a need for change.

“The time is now for Republicans to choose our own nominees without Democrat interference,” Rinaldi said in May.

Taylor, the UTSA professor, said the push to close the primaries was in line with the right wing’s push to force GOP candidates to follow the party line.

“You’re engaging in a form of ideological conformity, you’re demanding 100% fealty to the party,” he said.

But Daron Shaw, a political science professor at the University of Texas, pushed back against those crying foul.

“It is completely unclear to me how it is the ‘right’ of a voter in Texas, particularly one that does not identify as a Republican, to vote in the selection of Republican candidates,” he said. “Ultimately, a party is a private association and if it chooses to select extreme candidates, then presumably the general electorate will react accordingly.”

The rule to bar candidates who had been censured by the state party has also been met with skepticism.

Opiela said that if a candidate turned in an application that otherwise met the requirements for running for office, a court would likely order the party to allow the candidate on the ballot. He also said the provision could open up precinct and county chairs to criminal liability for rejecting applications that met the requirements.

The state party rule tries to cover for that potential liability by stating it would provide legal representation for any party official who is sued for complying with the rule.

Asked by The Texas Tribune to assess the legality of the idea, Rick Hasen, a UCLA professor and election law expert, called it “dicey.”

Taylor, from UTSA, said the move was also a pretty transparent message to elected officials like Phelan and U.S. Rep. Tony Gonzales to fall in line. Phelan was censured in February for overseeing Paxton’s impeachment and appointing Democrats as committee chairs. Gonzales was censured for supporting a bipartisan gun law in the wake of the 2022 Uvalde shooting, which occurred in his district, and his vote for a bill that codified protections for same-sex marriage.

The censure rule in particular has been denounced as undemocratic, an increasingly common criticism from the GOP’s loudest critics. At the same party convention, the state party changed its platform to call for a new requirement that candidates for statewide office must also win a majority of votes in a majority of Texas’ 254 counties to win office, a model similar to that of the U.S. Electoral College.

That proposal, which represents the official position of the party but does not have any power of law, has been panned as unconstitutional.

“There’s a very good argument that such a system would violate the Constitution as interpreted by the Supreme Court,” Hasen said.

Under the proposal, the 4.7 million residents of Harris County would have the same voting power as the 64 residents of Loving County.

“It’s basically a tyranny of the minority,” Taylor said. “This is designed to potentially go a step further in nullifying the concept of one person-one vote.”

The proposals come even as the GOP has dominated Texas politics for decades, and the hardline conservative movement continues to grow its influence. Brian W. Smith, a political science professor at St. Edward’s University in Austin, questioned the moves on a political level.

“Texas is already gerrymandered to elect ideologically pure candidates. We’re not seeing a lot of Republicans or Democrats moving to the middle to attract a broad swath of voters,” he said. “The Dade Phelans of the world are not winning because of independents or Democrats, they’re winning because they’re more popular among Republicans than their opponents.”

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At Texas GOP convention, Republicans call for spiritual warfare

By Robert Downen, The Texas Tribune

From his booth in the exhibit hall of the Texas GOP’s 2024 convention, Steve Hotze saw an army of God assembled before him.

For four decades, Hotze, an indicted election fraud conspiracy theorist, has helmed hardline anti-abortion movements and virulently homophobic campaigns against LGBTQ+ rights, comparing gay people to Nazis and helping popularize the “groomer” slur that paints them as pedophiles. Once on the fringes, Hotze said Saturday that he was pleased by the party's growing embrace of his calls for spiritual warfare with “demonic, Satanic forces” on the left.

“People that aren’t in Christ have wicked, evil hearts,” he said. “We are in a battle, and you have to take a side.”

Those beliefs were common at the party’s three-day biennial convention last week, at which delegates adopted a series of new policies that would give the party unprecedented control over the electoral process and further infuse Christianity into public life.

Delegates approved rules that ban Republican candidates—as well as judges—who are censured by the party from appearing on primary ballots for two years, a move that would give a small group of Republicans the ability to block people from running for office, should it survive expected legal challenges. The party’s proposed platform also included planks that would effectively lock Democrats out of statewide office by requiring candidates to win a majority of Texas’ 254 counties, many of which are dark-red but sparsely populated, and called for laws requiring the Bible to be taught in public schools.

From left: Conservative activists Steven Hotze and Jared Woodfill enter the Senate gallery during the afternoon session of Day 1 of the Ken Paxton impeachment trial in the Texas Senate on Sept. 5, 2023.

Those moves, delegates and leaders agreed, were necessary amid what they say is an existential fight with a host of perceived enemies, be it liberals trying to indoctrinate their children through “gender ideology” and Critical Race Theory, or globalists waging a war on Christianity through migration.

Those fears were stoked by elected officials in almost every speech given over the week. “They want to take God out of the country, and they want the government to be God,” Lt. Gov. Dan Patrick said Thursday morning.

“Our battle is not against flesh and blood,” Sen. Angela Paxton, Republican of McKinney, said Friday. “It is against the spiritual forces of evil in the heavenly realms.”

”Look at what the Democrats have done,” U.S. Sen. Ted Cruz, Republican of Texas, said Saturday. “If you were actively trying to destroy America, what would you do differently?”

Controlling elections

The Texas GOP’s conventions have traditionally amplified the party’s most hardline activists and views. In 2022, for instance, delegates approved a platform that included calls for a referendum on Texas secession; resistance to the “Great Reset,” a conspiracy theory that claims global elites are using environmental and social policies to enslave the world’s population; proclamations that homosexuality is an “abnormal lifestyle choice”; and a declaration that President Joe Biden was not legitimately elected.

The 2024 convention went a step further.

It was the first Texas GOP convention set against the backdrop of a civil war that was sparked by the impeachment of Attorney General Ken Paxton and inflamed by scandals over white supremacists and antisemites working for the party’s top funders, West Texas oil billionaires Tim Dunn and Farris Wilks. This year’s convention was also sparsely attended compared to past years, which some longtime party members said helped the Dunn and Wilks faction further consolidate their power and elect their candidate, Abraham George, for party chair.

Lt. Gov. Dan Patrick speaks during the Texas GOP Convention on Thursday, May 23, 2024 in San Antonio.

“What we're seeing right now is a shift toward more populism,” said Summer Wise, a former member of the party’s executive committee who has attended most conventions since 2008, including last week’s. “And the [party’s] infrastructure, leadership, decision-making process, power and influence are being controlled by a small group of people.”

That shift was most evident, she said, in a series of changes to the party’s rules that further empower its leaders to punish dissent. The party approved changes that would dramatically increase the consequences of censures—which were used most recently to punish House Speaker Dade Phelan for his role in impeaching Paxton, and against U.S. Rep. Tony Gonzales for voting for gun safety legislation.

Under the changes, any person who is censured by the party would be banned for two years from appearing on GOP primary ballots—including judges, who are elected in partisan races but expected to be politically neutral once on the bench. The party also voted to unilaterally close its primaries, bypassing the Legislature, in a move intended to keep Democrats from voting in Republican primaries.

“It’s pretty hypocritical,” Wise said of the changes, which legal experts and some party members expect will face legal challenges. “Republicans have always opposed activist judges, and this seems to be obligating judges to observe and prioritize party over law—which is straight-up judicial activism.”

The convention came amid a broader embrace of Christian nationalism on the right, which falsely claims that the United States’ founding was God-ordained and that its institutions and laws should reflect their conservative, Christian views. Experts have found strong correlations between Christian nationalist beliefs and opposition to migration, religious pluralism and the democratic process.

Wise said she has seen parts of the party similarly shift toward dogmatic political and religious views that have been used “to justify or rationalize corrupting the institution and stripping away its integrity, traditions, fundamental and established principles"—as if “‘God wants it, so we can rewrite the rules.’”

“Being Republican and being Christian have become the same thing,” she said. “If you're accused of being a (Republican in Name Only), you're essentially not as Christian as someone else. … God help you if you're Jewish.”

The “rabbit hole”

Bob Harvey is a proud member of the “Grumpy Old Men’s Club,” a group in Montgomery County that he said pushes back against Fox News and other outlets that he claims have been infiltrated by RINOs.

“People trust Fox News, and they need to get outside of that and find alternative news and like-minded people,” Harvey, 71, said on Friday, as he waited in a long line to meet Kyle Rittenhouse, who has ramped up his engagement in Texas politics since he was acquitted of homicide after fatally shooting two Black Lives Matter protesters.

Texas Attorney General Ken Paxton and his wife, state Sen. Angela Paxton, wave to attendees during the Republican Party of Texas convention in San Antonio on Thursday, May 23, 2024.

Rather, Harvey’s group recommends places such as the Gateway Pundit, Steve Bannon’s Breitbart News or the Epoch Times, a far-right website that also had a booth at this year’s convention and is directly linked to the Falun Gong, a hardline anti-communist group.

Such outlets, Harvey said, are crucial to getting people “further down the rabbit hole,” after which they can begin to connect the dots between the deep-state that has spent years attacking former President Donald Trump, and the agenda of the left to indoctrinate kids through the Boy Scouts of America, public schools, and the Democratic Party.

Harvey’s views were widely-held by his fellow delegates, many of whom were certain that broader transgender acceptance, Critical Race Theory, or “diversity, equity and inclusion” initiatives were parts of a sinister plot to destroy the country and take over its churches.

The culprits behind the ploy differed—Democrats, socialists, or “globalists,” to name a few. But their nefarious end goals loomed over the convention. Fearing a transgender takeover of the Republican Party of Texas, delegates pushed to explicitly stipulate that the party’s chair and vice chair must be “biological” men or women.

At events to recruit pastors and congregations to ramp up their political activism, elected leaders argued that churches were the only thing standing between evil and children. And the party’s proposed platform included planks that claim gender-transition care is child abuse, or urge new legislation in Texas that's "even more comprehensive" than Florida’s so-called “Don’t Say Gay” law, which prohibits the teaching of sexual orientation or gender identity in public schools.

“Our next generation is being co-opted and indoctrinated where they should have been educated,” Rep. Nate Schatzline, Republican of Fort Worth, said at a Friday luncheon for pastors and churches. “We are in a spiritual battle. This isn't a political one.”

Kyle Rittenhouse shakes hands with conventioneers at a meet and greet during the Texas GOP convention on Thursday in San Antonio.

For at least a half-century, conservative Christian movements have been fueled by notions of a shadowy and coordinated conspiracy to destroy America, said Mark Chancey, a religious studies professor at Southern Methodist University who focuses on movements to put the Bible in public schools.

“It's like the boogeyman that won't go away, that gets summoned whenever a justification is needed for these types of agendas,” he said. “They say that somebody is threatening quintessential American freedoms, and that these threats are posed by some sort of global conspiracy—rather than just recognizing that we're a pluralistic democracy.”

In the 1950s, such claims were the driving force behind the emergence of groups such as the John Birch Society, a hardline anti-communist group whose early members included the fathers of conspiracy theorist Alex Jones and Trump. After decades of dwindling influence, the society has seen a revival since Trump's 2016 election. And in the exhibit hall last week, so-called Birchers passed out literature and pamphlets that detailed the New World Order's secret plans for "world domination."

Steve Oglesby, field director for the Birch Society's North Texas chapter, said interest and membership in the group has been on the rise in recent years—particularly, as COVID-19 lockdowns and international climate change initiatives have spurred right-wing fears of an international cabal working against the United States.

"COVID really helped," he said, adding that the pandemic proved the existence of a global elite that has merely shifted its tactics since the 1950s. “It’s not just communism—it’s the people pulling the strings.”

Throughout the week, prominent Republicans invoked similar claims of a coordinated conspiracy against the United States. On Friday, Patrick argued that a decadeslong decline in American religion was part of a broader, “Marxist socialist left” agenda to “create chaos,” including through migration—despite studies showing that migrants are overwhelmingly Christian. Attorney General Ken Paxton echoed those claims in his own speech minutes later, saying migration was part of a plan to "steal another election."

“The Biden Administration wants the illegals here to vote,” he said.

As Paxton continued, Ella Maulding and Konner Earnest held hands and nodded their approval from the convention hall’s front row. Last year, the two were spotted outside of a Tarrant County office building where Nick Fuentes, a prominent white nationalist and Adolf Hitler fan, was hosted for nearly seven hours by Jonathan Stickland, then the leader of Dunn and Wilks' most powerful political action committee. They eventually lost their jobs after The Texas Tribune reported on their ties to Fuentes or white nationalist groups.

Ella Maulding and Konner Earnest watch as Lt. Gov. Dan Patrick speaks during the Republican Party of Texas convention in San Antonio on Thursday, the first day of the gathering.

Maulding has been particularly vocal about her support for Great Replacement Theory, a conspiracy theory that claims there is an intentional, often Jewish-driven, effort to replace white people through migration, LGBTQ+ acceptance or interracial marriage. Once a fringe, white nationalist worldview, experts say that Great Replacement Theory has been increasingly mainstreamed as Republican leaders, including some who spoke last week, continue to claim that migration is part of a coordinated effort to aid Democrats. The theory has also been cited by numerous mass shooters, including the gunman who murdered 22 Hispanic people at an El Paso WalMart in 2019.

Five hours after Paxton and Patrick spoke, Maulding took to social media, posting a cartoon of a rabbi with the following text: “I make porn using your children and then make money distributing it under the banner of women’s rights while flooding your nation with demented lunatics who then rape your children.”

David Barton

Kason Huddleston has spent the last few years helping elect Christians and push back against what he believes is indoctrination of children in Rowlett, near Dallas. Far too often, he said, churches and pastors have become complacent, or have been scared away from political engagement by federal rules that prohibit churches from overt political activity.

Through trainings from groups like Christians Engaged, which advocates for church political activity and had a booth at this year’s convention, he said he has been able show more local Christians that they can be “a part of the solution” to intractable societal ills such as fatherlessness, crime or teen drug use. And while he thinks that some of his peers’ existential rhetoric can be overwrought, he agreed that there is an ongoing effort to “tear down the family unit” and shroud America’s true, Christian roots.

David Barton, left, of WallBuilders, at a Texas Eagle Forum reception at the Republican Party of Texas convention in Fort Worth on June 7, 2012.

“If you look at our government and our laws, all of it goes back to a Judeo-Christian basis,” he said. “Most people don’t know our true history because it’s slowly just been removed.”

He then asked: “Have you ever read David Barton?”

Since the late 1980s, Barton has barnstormed the state and country claiming that church-state separation is a “myth” meant to shroud America’s true founding as a Christian nation. Barton, a self-styled “amateur historian” who served as Texas GOP vice chair from 1997 to 2006, has been thoroughly debunked by an array of historians and scholars—many of them also conservative Christians.

Despite that, Barton’s views have become widespread among Republicans, including Patrick, Texas Supreme Court Justice John Devine and U.S. House Speaker Mike Johnson. And his influence over the party was clear at last week’s convention, where his group, WallBuilders, maintained a booth and delegates frequently cited him.

This year’s platform, the votes for which are expected to be released later this week, included planks that urged lawmakers and the State Board of Education to “require instruction on the Bible, servant leadership and Christian self-governance,” and supports the use of religious chaplains in schools—which was made legal under a law passed by the state Legislature last year.

Warren Throckmorton, a former Grove City College professor and prominent conservative, Christian critic of Barton, told the Tribune that the platform emblematized Barton’s growing influence, and his movement’s conflicting calls to preserve “religious liberty” while attempting to elevate their faith over others. The platform, he noted, simultaneously demands that students’ religious rights be protected, and for schools to be forced to teach the Bible.

“What about the other students who aren’t Christians and who don't believe in the Bible?” he said. “This is not religious liberty—it’s Christian dominance.”

As Zach Maxwell watched his fellow Republicans debate and vote last week, he said he was struck by the frequency and intensity with which Christianity was invoked. Maxwell previously served as chief of staff for former Rep. Mike Lang, then the leader of the ultraconservative Texas House Freedom Caucus, and he later worked for Empower Texans, a political group that was funded primarily by Dunn and Wilks.

He eventually became disillusioned with the party’s right wing, which he said has increasingly been driven by purity tests and opposition to religious or political diversity. This year’s convention, he said, was the culmination of those trends.

“God was not only used as a tool at this convention, but if you didn’t mention God in some way, fake or genuine, I did feel it was seen as distasteful,” he said. “There is a growing group of people who want to turn this nation into a straight-up theocracy. I believe they are doing it on the backs of people who are easily manipulated.”

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