A&O Shearman supports pro bono federal lawsuit on Texas ballot access requirements

On June 10, 2026, the firm, alongside CCD, filed a federal lawsuit in the U.S. District Court for the Western District of Texas on behalf of independent candidate for Lieutenant Governor Mike Collier and more than a dozen Texas voters who support Collier. To run as an independent candidate for Lieutenant Governor, Collier is required under current law to gather more than 81,000 petition signatures to qualify for the ballot. The complaint alleges that Texas’s ballot access regime, including restrictions on when candidates may begin collecting signatures and compressed petitioning deadlines, violates the First and Fourteenth Amendments to the United States Constitution.

Under current law, independent candidates are prohibited from collecting signatures until after the primary election process concludes, meaning that in certain circumstances, they are given as little as 30 days to meet signature thresholds. The plaintiffs contend that these requirements unduly burden core political speech and limit voters’ ability to support and advance independent candidates.

The case, Collier v. Nelson, seeks declaratory and injunctive relief, including placement of Mr. Collier on the November 3, 2026, general election ballot.

The A&O Shearman team was led by partners David Whittlesey and Michael Mitchell.