Houston Chronicle

Judge boosts third-party hopefuls by blocking new fee

- By Taylor Goldenstei­n

One week before the filing deadline for Texas candidates, a judge in Harris County blocked the secretary of state from assessing a new fee for third-party candidates that was added by the Legislatur­e this past session.

Seven Libertaria­n voters and potential candidates sued over the law in state District Court in Harris County in October.

Being freed of filing fees ranging from $750 for a candidate for state representa­tive to $5,000 for a U.S. Senate election is a big advantage for a party that operates on a shoestring budget and whose candidates often run with little to no cash in their campaign coffers.

“It has had a massively positive impact in the last three days on candidate recruitmen­t,” Neal Dikeman, a plaintiff in the lawsuit and a former Libertaria­n nominee for U.S. Senate in 2018, said Wednesday, adding that the party had previously expected recruitmen­t to decrease by 50 to 90 percent. “We have seen a huge upswing.”

In a temporary injunction issued Monday, Judge Kristen Hawkins called the fees an “actual or threatened violation of the Texas and United States Constituti­ons.” The injunction applies statewide.

“This temporary injunction was a crucial step to ensuring voters have choice at the ballot box, as half of all Texas races in 2018 would have been unopposed without Libertaria­n Party nominees,” said Harris County Libertaria­n Party Chair Katherine Youngblood, who represente­d the plaintiffs.

While Democrats and Republican­s are held to the same requiremen­t as third-party candidates, attorneys for the Libertaria­ns argued in court that the fee pays for a benefit — primary elections — that is not available to them.

The money goes back to the parties through funding from the state for their primary elections. Third parties such as the Libertaria­ns and the Greens, which nominate through convention­s rather than primaries, do not receive such funding.

“The state cannot posit any set of circumstan­ces in which this obstacle to the ballot would be legitimate,” the lawsuit says.

Republican state Rep. Drew Springer, who sponsored the bill with the new fee, House Bill 2504, did not respond to a request for comment on the injunction. But he said in an interview last month that he filed the bill

“to make sure that everybody that’s running for office is treated equally.” People shouldn’t be charged differentl­y based on their party, he said.

“You could make the argument that we should have made our fees zero,” Springer said. “I think having a little bit of money involved puts a little bit of skin in the game.”

The Texas Green Party did not respond to a request for comment, but it informed members of the “great news” in a newsletter Tuesday.

“If you have considered running as a Green, but have been held back by this requiremen­t, you may wish to evaluate your candidacy in light of this developmen­t,” the email stated.

A similar but broader lawsuit was filed by the Texas Libertaria­n Party, as well as the Texas Green Party and other third-party groups, in federal court in July. That lawsuit, which contests several parts of the law that they say limit third-party access to the ballot, is pending.

 ?? Courtesy Melanie Feuk ?? Scott Ford, a Libertaria­n running for the Texas House, speaks during a candidate forum at Lone Star College-Kingwood.
Courtesy Melanie Feuk Scott Ford, a Libertaria­n running for the Texas House, speaks during a candidate forum at Lone Star College-Kingwood.

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