Libertarian U.S. Senate candidate Wes Benedict announced on Thursday his plan to withdraw from the race against incumbent Republican U.S. Sen. John Cornyn.

In a video posted to social media, Benedict thanked his supporters, but said that he is planning to withdraw from the U.S. Senate race, as an unfavorable result in a pending filing fees lawsuit could remove him from the ballot if he were to be nominated by the state party. Instead of continuing on with his campaign, Benedict said he is instead endorsing the other Libertarian in the race, Kerry Douglas McKennon, for the party’s nomination. McKennon did pay the filing fee required under a new state law to earn his place on the ballot.

With Benedict out of the race, McKennon is now the last candidate standing in the Libertarian race for U.S. Senate, but he will have to defeat None of the Above to clinch the Libertarian Party’s nomination for the seat this weekend.

For those who financially supported Benedict, the candidate says he plans to return all contributions and cover his campaign’s expenses out of pocket.

If McKennon wins the party’s nomination for U.S. Senate, he will meet Cornyn and Democrat MJ Hegar in November.