They tried this in 2020 with no success, but might be better positioned this year.
Texas Republicans have filed a petition to knock 23 Libertarian candidates off the November ballot for not paying their filing fees.
On August 8, 23 Texas Republicans filed a petition of mandamus with the Supreme Court of Texas to remove their Libertarian Party of Texas (LPT) competitors from the November general election ballot.
Some high-profile Republicans on the petition include Lieutenant Gov. Dan Patrick, U.S. Reps. Pat Fallon (R-TX-4) and Troy E. Nehls (R-TX-22), and candidate for U.S. House District 15 Monica de la Cruz. The four face opposition from Libertarians Shanna Steele, John Simmons, Ross Lynn Leone, Jr., and Joseph Leblanc, respectively.
“In addition to filing an application for nomination by convention,” the petition reads, “Texas law requires a candidate for public office to either pay a filing fee or submit a signature petition in lieu of a filing fee.”
“Despite their knowledge of these requirements, candidates seeking public office as members of the Libertarian Party of Texas in the upcoming 2022 General Election deliberately refused to pay their required filing fees and also failed to file their required signature petitions in lieu of payment of their required filing fees.”
Before filing the petition, the Republicans confirmed with the Texas Secretary of State that the Libertarians had not paid their filing fees. The Libertarians had not done so, prompting the Republicans to petition the Supreme Court “to issue an emergency writ of mandamus” to force the Libertarians “to comply with their legal and ministerial obligation.”
Texas Republicans filed a similar suit against the LPT in August 2020 for failing to meet their certification requirements, which the state Supreme Court rejected for missing the deadline. But this year, the petition was filed before August 26, “the deadline of the 74th day before the November 8th election” to file such a complaint.
Also in August 2020, three Democratic campaigns won restraining orders against three Green Party candidates who failed to pay their filing fees and were subsequently removed from the ballot.
In the Republicans’ suit two years ago, the Texas Supreme Court ruled that the code has different rules for parties that choose candidates through conventions, like the Libertarian Party, and those that use primaries, like the Republican and Democratic Parties.
In 2019, House Bill 2504 was filed to require parties that nominate candidates with conventions to pay a filing fee to appear on the ballot. The fee ranges from $300 for a State Board of Education candidate to $3,750 for statewide office.
“Parties holding primary elections are subject to one set of rules, and other parties are subject to other sets of rules,” the court wrote. “These differences may seem to benefit or burden one class of parties or another, depending on the circumstances.”
See here for some background on the Republicans’ attempt in 2020 to knock Libertarians off the ballot. The Dems did succeed in getting a few Green Party candidates off the ballot that year, but others were later reinstated with a little help from Ken Paxton. Never were there stranger bedfellows.
There is also a lawsuit that is as far as I know still active over that bill requiring third parties to pay a primary fee. There was an appellate court ruling in September of 2020, right in the middle of all the candidate-booting efforts, that sort of lifted a restraining order that prevented the Secretary of State from enforcing that law, but the ruling was far more complex than just that. I honestly have no idea if the restraining order is still in place or not, but I suppose the Supreme Court will address that when it rules on the mandamus. I also have no idea if Dems are going to try similar action against Greens this year; if they are, time is running short for them. This is one of those rare times when you can expect a ruling in short order, because the ballots need to be finalized soon. Chuck Lindell has more.