In 2019, the Texas Libertarian Party and others filed a general attack on Texas ballot access laws in federal court, Miller v Hughs. In 2022, that case lost in U.S. District Court, except the judge ruled the state must permit electronic signatures.

But, in 2021, the Texas Libertarian Party filed a second case, which only attacks the law that requires anyone seeking the nomination of a party that uses conventions to pay a filing fee. That case, Bilyeu v Esparza, w.d., 1:21cv-1089, is alive and undergoing discovery. That means the Libertarians can take the deposition of state officials, in order to obtain evidence that will help the case. Discovery must be completed by April 7, 2023.

Both cases have the same judge, U.S. District Court Judge Robert Pitman. It appears that when he ruled in the Miller case, he wasn’t specifically upholding the filing fee law, and the issue is unresolved and will be settled in the Bilyeu case.