On October 10, the minor parties in the lawsuit Miller v Hughs asked the U.S. District Court to enjoin the new law requiring minor party candidates to pay filing fees, at least as applied to the 2020 election. First, the brief argues that the plain language of the new law says the filing fee requirement only applies to convention nominees, yet the Secretary of State is interpreting it to apply to everyone who might want to be nominated at a convention. Second, the brief argues that it violates due process to impose the new law for the 2020 election, because the details of how the new law works have only been public for a few months. Third, the brief argues that the filing fees for convention parties are unconstitutional anyway because the only legitimate purpose of filing fees is to keep ballots uncrowded, and there are no primary ballots for convention parties.

Here is the 11-page brief. Following that are affidavits that support the arguments.