The Amarillo Pioneer

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Texas Libertarians Win Temporary Injunction on Ballot Filing Fees

Neal Dikeman speaks during the 2018 Amarillo Pioneer Candidate Forum at the American Legion Hanson Post 54/Photo by Amarillo Chronicles and Dusty Reins

Neal Dikeman speaks during the 2018 Amarillo Pioneer Candidate Forum at the American Legion Hanson Post 54/Photo by Amarillo Chronicles and Dusty Reins

Texas Libertarians were greeted with good news on Tuesday, winning a temporary injunction against a new law enforcing filing fees against third-party candidates in the state.

Judge Kristen Hawkins issued the temporary injunction on Tuesday in Dikeman v. Hughs, restraining Texas Secretary of State Ruth Hughs and Harris County from enforcing filing fees against third party candidates. The law, which was passed during the 2019 legislative session, requires candidates seeking the nomination of third parties with ballot access to pay the same filing fees as candidates seeking the Republican or Democratic nomination for an office.

In a statement, plaintiff Neal Dikeman, who was also the Libertarian Party’s 2018 nominee for the U.S. Senate, praised the decision.

“It is a testament to Texas' shift to a battleground state that the Republican controlled legislature would risk a constitutional challenge just to limit the competitiveness of races and keep Libertarians nominees off the ballot,” Dikeman said.

The temporary injunction, specifically, prevents the Secretary of State from “refusing to certify third-party nominees for the general-election election ballot on the ground that the nominee did not pay a filing fee or submit a petition in lieu thereof at the time of filing or any other time,” and from “refusing to accept or rejecting applications for nomination from third-party candidates on the grounds that the applicant did not pay a filing fee or submit a petition in lieu thereof at the time of filing or at any other time.”

Candidates are currently filing for spots on the ballot, with the deadline set for December 9. If you are interested in running for office on any party’s ticket in 2020, you are asked to contact your county chairperson for additional details.

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