On December 1, the Texas Libertarian Party filed a new lawsuit against the law that requires candidates seeking a convention nomination to pay a filing fee. Bilyeu v Scott, w.d., 1:21cv-1089. The party already has an earlier federal lawsuit pending against the old filing fee law, and it has a lawsuit in state court against the old law as well. The old law was ambiguous and did not make clear whether the filing fee had to be paid by convention nominees, or persons merely seeking a convention nomination. The new law says explicitly even persons seeking a convention nomination must pay the fee. Here is the Complaint.
The Complaint explains how irrational it is to require members of parties that nominate by convention to pay filing fees. Filing fees for parties that nominate by primary are rational; they keep the primary ballots from being too crowded. But that rationale doesn’t relate to parties that nominate by convention.
The case is assigned to U.S. District Court Judge Robert Pitman, who already has the older federal ballot access case.