On June 30, the Texas Secretary of State filed a reply brief in Bilyeu v Esparza, w.d., 1:21cv-1089. The issue is the Texas law on how filing fees are handled. When a major party candidate pays a filing fee, the money is given to that candidate’s party. But when a minor party candidate pays a filing fee, the government keeps the money. The Libertarian Party argues this violates equal protection.
The state says equal protection doesn’t apply because major parties and minor parties are not situated similarly. The state says major parties have more voter support than minor parties. Of course, this is generally true all over the nation. If this theory were sound, than no minor party could ever win an equal protection lawsuit. Here is the state’s brief.