Nearly two dozen Republican candidates and officials are seeking to boot their Libertarian opponents from the November ballot, arguing in a petition before the Texas Supreme Court that the third-party candidates are disqualified.
In a response filed to the Supreme Court on Monday, the Texas Libertarian Party and its chair, Whitney Bilyeu, said Republicans essentially brought their legal challenge under the wrong section of the Texas Election Code. They argued the case should be dismissed largely on technical grounds linked to a change in state election law enacted last year.
More broadly, Libertarians argue the filing fee requirement is unconstitutional, and they’re challenging it in a separate federal lawsuit. The provision applies to candidates nominated at conventions, such as Libertarians and other third-party candidates, instead of the primaries held by the two major parties.
While the filing fees paid by Democrats and Republicans go toward the cost of holding primary elections, the Libertarians’ filing fees go to the Texas Secretary of State or the county, depending on the office sought, and the money winds up in state or county general revenue funds. “It is not deposited into a fund to pay for the election, or offset the costs of Libertarian convention, which are self-funded,” the Libertarians wrote in their response to the GOP lawsuit. “Many Libertarians viewed the new filing fee requirement as an unconstitutional poll tax and do not pay it as a sign of protest.”
Also seeking to remove their Libertarian foes from the ballot are Houston-area congressional candidates Morgan Luttrell, Michael McCaul and Troy Nehls, and state House candidates Mano DeAyala and Ryan McConnico. Mark Dorazio, a Republican running for the state House in Bexar County, also joined the lawsuit.
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