A state district judge issued a temporary restraining order preventing the certification of two Green Party candidates for the November general election. David Collins, the party’s nominee for U.S. Senate, and CD21 nominee Tom Wakely cannot be certified until at least the conclusion of a hearing next week, at which District Judge Jan Soifer (D) will decided whether to make the injunction permanent.

In her order, Soifer said Collins and Wakely were “indisputably ineligible” for placement on the general election ballot.

In a separate ruling, a divided panel of the Third Court of Appeals ruled that Wakely and Railroad Commission nominee Kat Gruene were ineligible to appear on the ballot and directed the Green Party to ensure they do not appear on the ballot.

At issue is a state law enacted in 2019 that requires candidates nominated by convention to pay filing fees that used to apply only to candidates nominated by primary elections. Collins, Greune and Wakely did not pay those filing fees. Instead, they relied on a temporary injunction issued by a state district judge which was promptly stayed pending appeal.

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