Harris County Republican Party notified Flynn that he was ineligible to appear on the ballot due to his holding a lucrative office when he filed for the Texas House. In Texas, a political candidate must resign any seat through which they receive compensation before filing for the ballot. As Flynn was a member of the Harris County Department of Education (HCDE) board of trustees and received $6 per meeting, he had to resign his seat before he could file for a different office. On December 9, 2019, the Texas statewide filing deadline, Flynn withdrew his original candidacy, submitted his resignation letter to an HCDE administrative assistant, and refiled for the House seat. Harris County Republican Party Chairman Paul Simpson stated that Flynn did not properly resign from the board in time for him to be eligible to appear on the primary ballot. On December 19, 2019, Flynn sued the Harris County Republican Party, arguing that his resignation was valid before he refiled for election. He received a temporary restraining order to remain on the ballot from a district court judge during the week of December 24, 2019. Flynn and the Harris County Republican Party met in mediation on January 11, 2020, and resolved that Flynn would appear on the 2020 Republican primary ballot. The Houston Chronicle reported that Chairman Simpson maintained that Flynn was not eligible to run.