The Texas Supreme Court on Friday rejected a Republican petition to remove 23 Libertarian candidates from the November ballot.
Texas Republicans who filed the petition included Lt. Gov. Dan Patrick, eight U.S. House members and hopefuls, and 10 incumbents and candidates for the state Legislature.
They claimed their Libertarian opponents failed to pay the filing fees or collect the necessary petition signatures required under Texas law.
However, the all-Republican Supreme Court said the petitioners waited too long to file their complaint, the same ruling it made in 2020 when Republicans sought the removal of 44 Libertarians from the ballots.
This time, the Republicans’ challenge was filed on August 8, well before the August 26 deadline, but the Supreme Court ruled it was still too close to the deadline.
The Libertarians listed in the petition were nominated during the party’s convention in April, but “nearly four months passed” before the petition was filed, the Court said in an unsigned opinion.
Court intervention “generally aids the diligent and not those who slumber on their rights,” the opinion reads. “Never is adherence to that general rule more important than when candidates seek, at a late hour, to constrain the choices available to voters in an election.”
Whitney Bilyeu, chair of the Libertarian Party of Texas, said she was “thrilled with this outcome.”
“As we did last time, we resisted this haphazard attempt by Republicans to limit voter choice and obstruct free and fair elections,” Bilyeu said. “Libertarian candidates have a rightful place on the ballot. We are a ballot-qualified political party seeking to offer options for the growing number of voters who reject the ever-increasing tyranny and authoritarianism of the Republican and Democratic parties.”
Still, the Texas Supreme Court skirted around answering the central question in the petition — whether third-party candidates who fail to pay a filing fee or collect petition signatures as required under recent state law should be barred from appearing on the ballot.
Passed in 2019 and expanded in 2021, Texas’ House Bill 2504 requires candidates nominated at state party conventions to pay a filing fee or collect petition signatures to appear on the ballot in the state.
Prospective U.S. House candidates must pay $3,125 or collect 500 signatures, lieutenant governor candidates must pay $3,750 or collect 5,000 signatures, a $1,250 payment or 500 signatures is required to run for Texas Senate, and a $750 fee or 500 signatures is needed to run for the Texas House.
“The Republicans contend that the Texas Election Code requires exclusion of the Libertarian candidates from the ballot. The Libertarians respond with a plausible, competing understanding of the Election Code under which, even if the fee has not been paid, removing these candidates from the ballot is not the appropriate remedy at this stage of the election process,” the Court’s opinion said.
“By denying the petition as untimely, we do not suggest that (removal) would or would not have been appropriate had the petition been filed more speedily. We do not address the merits of the parties’ dispute about the Election Code’s requirements,” the Court added.
The Libertarian Party has been challenging the filing fee law in federal court, arguing it is unfair because the fees do not go toward their nomination process like they do for Democrats and Republicans.
The most significant effect of the ruling may be on the race for the 15th Congressional District, which is expected to be one of the most competitive races in the state. Libertarian Ross Lynn Leone will remain on the ballot against Republican Monica De La Cruz and Democrat Michelle Vallejo.
Lt. Gov. Patrick’s race is also made more competitive by the ruling. He won re-election by 5% in 2018, with the Libertarian candidate taking 2% of the vote. Libertarian Shanna Steele will remain on the ballot with Patrick and Democrat Mike Collier.