U.S. District Court Judge Robert Pitman will hear Bilyeu v Esparza, w.d., 1:21cv-1089, on February 24 at 9 a.m. in Austin. The issue is whether to grant injunctive relief against the new Texas law requiring candidates seeking a nomination at a convention to have already paid a filing fee.
The Libertarian and Green Parties are on the ballot, and are the only parties affected this year by the new requirement. They nominate by convention. Texas has long required filing fees for candidates seeking a place on a major party primary ballot, but that law has the purpose of keeping primary ballots from being too crowded, because no petition is needed for a candidate to get on a primary ballot. The new law has no clear purpose other than to inhibit convention choices.